The Law of Asylum
Who is entitled to asylum, on what basis, and how to adjudicate asylum cases are questions attracting increasingly attention among policy-makers in recent years. The present course provides students with an in-depth understanding of asylum law and the asylum process, which lies at the heart of international refugee law. To make the issues and challenges of asylum law tangible, students will be sked to engage with concrete cases from Danish and European practice and to perform different roles in the asylum process based on adjudication simulations. The course draws on a strong connection to concrete practice and experience, with teachers and guest lecturers preparing students for the different roles associated with asylum adjudication.
Central to asylum law is moreover understandings and assessments of applicant credibility, which is decisive in the vast majority of cases. Based on criminological and sociolegal literature, students will gain a deeper understanding of evidentiary standards, how applicant credibility is established and how it impacts asylum case law. Recent studies combining computer science and asylum law will further be utilized as an inroad to interrogate differences in asylum recognition rates across groups and jurisdictions.
The core questions explored in this course are:
- What are the legal standards for determining who is entitled to asylum?
- What evidentiary thresholds do asylum-seekers need to meet?
- What are the benefits and drawbacks to different legal asylum systems?
- What role does credibility play in asylum decision-making and how is it established?
- Why, despite years of harmonization, are there still such significant variations in asylum recognition rates across European countries for applicants from the same groups?
The course will provide students with an in-depth understanding of asylum law and asylum procedures. It will further enable students to critically reflect on and apply different evidentiary standards, interrogation methods and concepts related to asylum credibility. The focus on practice and experimental learning will finally help students acquire practical skills and general training on issues of legal procedures and adjudication.
The course provides students with:
- Detailed knowledge of asylum law in a Danish and European context
- A deeper understanding of asylum procedures and procedural standards
- Skills to identify relevant sources relevant to asylum adjudication within international, regional and domestic law
- Skills to legally present and argue asylum cases involving different legal issues
- Competences to advice and prepare asylum-seekers through e.g. legal clinic programs
- Competences to commence practical legal work with Danish or foreign asylum authorities, adjudicatory bodies and law firms.
The first part of the course applies more classical legal learning methods to ground students in the law of asylum as well as relevant sociolegal literature concerning evidence and credibility. For this part students are expected to read assigned texts and discuss sets of key learning questions in groups during class. The second part of the course uses experimental case-based learning and experimental pedagogical techniques. By providing a real-life simulation of an asylum case hearing and including guest lectures from key practitioners, students will be assisted by the lecturer to perform different roles as immigration service representatives, asylum lawyers and adjudicators. Students will in turn receive peer feedback from the class in regard to the legal reasoning and advocacy techniques applied. The course also explore and exploit the educational and didactic potential of digital learning tools allowing for experimental learning.
The literature for this course draws on leading text books and articles, as well as redacted asylum case law.
It is illegal to share digital textbooks with each other without permission from the copyright holder.
The BA elective in ”Udlændingeret” is recommended but not essential to taking this course.
Students must be able to read and understand scientific articles in English
- 7,5 ECTS
- Type of assessment
Written assignment, 1 day
- Type of assessment details
- Assigned written individual assignment, 1 day
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
October 26-27, 2023
January 22-23, 2024
Single subject courses (day)
- Course number
- 7,5 ECTS
- Programme level
- Full Degree Master
Full Degree Master choice
- Students enrolled at Faculty of Law or holding a pre-approval: No tuition fee
- Professionals: Please visit our website
Please see timetable for teaching hours
- Faculty of Law
- Thomas Gammeltoft-Hansen (3-7a6d6e46707b7834717b346a71)
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