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LAW37600 Migration Law UCD Assignment Example

Migration law is an interesting and complex area of law. It governs the movement of people from one country to another and includes rules and regulations about who can migrate, how they can do so, and what rights and protections they are entitled to. In Ireland, migration law is overseen by the Department of Justice and Equality. The department is responsible for developing and implementing policies about immigration, asylum, refugees, and emigration. Ireland has a long history of welcoming immigrants into its society, and today the country has one of the highest rates of immigration in Europe.

This module will provide an introduction to Irish migration law and will explore some of the key areas that it covers. It also covers the legal basis for migration to and from Ireland, the main routes of migration, and the rights and entitlements of migrants in Ireland.

Assignment Activity 1: Identify the key principles underpinning migration law at the international, European and domestic levels.

The key principles underpinning migration law are the right to freedom of movement, the right to seek asylum, and the principle of non-refoulment. These principles are based on several international treaties, including the Universal Declaration of Human Rights, the Geneva Convention on Refugees, and the European Union Charter of Fundamental Rights. They recognize the fundamental human rights of all people, regardless of their nationality or immigration status.

At the European level, the principle of free movement is enshrined in the Treaty on the Functioning of the European Union (TFEU). This allows EU citizens to move freely within the EU and to work and reside in any Member State. The principle of nonrefoulement is also enshrined in the TFEU, and it prohibits the Member States from returning asylum seekers to countries where they face danger or persecution.

At the domestic level, the Irish Constitution recognizes the right to freedom of movement and the right to seek asylum. These rights are protected by several domestic statutes, including the Refugee Act 1996, the European Communities (Free Movement of Persons) Regulations 2004, and the Immigration Act 2003. These statutes provide a legal basis for migration to and from Ireland, and they set out the rights and entitlements of migrants in Ireland.

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Assignment Activity 2: Demonstrate knowledge of the different legal regimes regarding an individual’s migration status within Ireland.

Three main legal regimes about an individual’s migration status within Ireland: the immigration regime, the asylum regime, and the refugee regime.

  • The immigration regime governs the entry and stays of non-EU nationals in Ireland. It is based on several domestic statutes, including the Immigration Act 2003 and the European Communities (Free Movement of Persons) Regulations 2004. These statutes provide a legal basis for immigration to Ireland, and they set out the rights and entitlements of non-EU nationals in Ireland.
  • The asylum regime governs the application for asylum in Ireland. It is based on the Refugee Act 1996, which sets out the procedures and criteria for applying for asylum in Ireland. The Act also provides a legal basis for the recognition of refugees in Ireland, and it establishes the Irish Refugee Authority to deal with asylum applications.
  • The refugee regime governs the status of refugees in Ireland. It is based on the Refugee Convention 1951, which sets out the definition of a refugee and the rights that they are entitled to. The Convention also establishes the UNHCR, which is responsible for protecting refugees worldwide.

Assignment Activity 3: Consider the politics of migration within international, European, and domestic settings.

There are several different factors to consider when discussing the politics of migration, including international, European, and domestic settings.

In terms of international politics, countries may be more likely to accept refugees if they have strong ties to the country or region from which the refugees are fleeing. For example, Germany has accepted a large number of Syrian refugees in recent years due to its close relationship with Syria.

European Union (EU) policy on immigration is relatively open, compared to other regions of the world. This is in part due to the Schengen Agreement, which allows for free movement within EU member states. However, recent events such as the refugee crisis have led to a shift in EU policy towards stricter controls on immigration.

At the domestic level, there is a lot of debate about the best way to manage migration. Some people argue that Ireland should be more open to immigration, while others argue for stricter controls on immigration. This debate is particularly heated around election time when political parties often release their policies on immigration.

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Assignment Activity 4: Evaluate the effectiveness or otherwise of human rights protections for different categories of migrants.

Human rights protections for different categories of migrants are often evaluated in terms of their effectiveness. This can be done in several ways, including through case studies or statistical analysis.

One way to evaluate the effectiveness of human rights protections is to look at the number of successful asylum applications. This can indicate how well the asylum system is working. Another way to look at the effectiveness of human rights protections is to look at the number of refugees who are living in poverty. This can indicate how well the refugee system is working.

Finally, another way to evaluate the effectiveness of human rights protections is to look at public opinion. This can help to indicate whether the general population views migrants and refugees in a positive or negative light.

There are several different human rights protections for different categories of migrants in Ireland.

  • The Refugee Act 1996 sets out the procedures and criteria for applying for asylum in Ireland, and it provides a legal basis for the recognition of refugees in Ireland. The Act also establishes the Irish Refugee Authority to deal with asylum applications.
  • The European Communities (Free Movement of Persons) Regulations 2004 provide a legal basis for the free movement of EU nationals within Ireland. These regulations are based on the principles of the EU Treaties, which guarantee freedom of movement for all EU citizens.
  • The Human Rights Commission Acts 1988 and 2003 establish the Human Rights Commission (HRC) to protect and promote human rights in Ireland. The HRC has several functions, including the promotion of human rights awareness, the investigation of complaints, and the provision of advice and guidance on human rights issues.
  • The Equal Status Acts 2000-2015 prohibit discrimination on a range of grounds, including race, sex, religion, and disability. These Acts give effect to the EU Directive on Equal Treatment in Employment and Occupation.

Overall, human rights protections for migrants in Ireland are relatively strong. However, there are always areas where further improvements can be made. For example, the HRC has criticized the lack of access to justice for migrant workers, and the Equal Status Acts do not cover all grounds of discrimination.

Assignment Activity 5: Comprehend, discuss and challenge the functions and purpose of migration controls at the international, European, and national levels.

Migration controls play several different functions at the international, European, and national levels.

  1. At the international level, migration controls can be used to protect the interests of countries in terms of security, economy, and social welfare. Migration controls can also be used to manage the flow of people into and out of countries.
  2. At the European level, migration controls are used to protect the interests of the EU. This includes ensuring the free movement of people within the EU and managing the flow of people into and out of the EU.
  3. At the national level, migration controls can be used to manage the population size, protect social welfare systems, and ensure that immigrants integrate into society.

There are several different migration controls in Ireland. These include visa requirements, the right to work, and the right to reside in Ireland.

Migration controls can be used to achieve a variety of different objectives. However, it is important to note that they can also have negative consequences for migrants. For example, visa requirements can prevent people from traveling to other countries, and the right to work can prevent people from accessing employment.

It is important that migration controls are proportionate and fair, and that they take into account the rights of migrants. In Ireland, the HRC has criticized the use of immigration detention, and the lack of access to justice for migrant workers.

Overall, migration controls should be used in a way that respects the rights of migrants, and that is fair and proportionate.

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