Who can migrate? What are the conditions to move from one country to another? Who is a refugee? What is the principle of non-refoulement? Who should be recognized and protected as a refugee? How are the numbers of migrations evolving over the recent years? Migration is both an ancient and a contemporary question, as it always existed and will never stop. Our program aims to respond to all these questions in a holistic manner.
It will analyse the evolution of migration law and its main concepts, with numerous examples. In principle, each State is sovereign to give access to its territory, to grant a right of residence, to confer nationality or to remove migrants. However, this sovereignty is limited by, on the one hand, the respect of human rights and on the other, the integration of States in free movement schemes, such as the European Union.
Migration, when forced, has its origins in violence suffered or feared. This violence can continue, in various forms, on the road to exile, through the procedures, and in the host country. Migrants who have had to flee violence in their society of origin and on the road, experience not only uprooting, but also the survival of trauma and the change to the status of "foreigner". The program will explore the legal recognition of this violence and how the asylum authorities deal with these questions. The need of family unity will also be addressed.
The analysis is completed by a concrete approach of the procedures and a theoretical questioning on the future and its challenges, such as the issue of climate refugees.
Whether you are a decision-maker, a judge, a lawyer, a human rights defender, a worker in a NGO or an IGO, you have to answer the complex questions related to migration and refugee law. It requires precise theoretical and practical knowledge of national, regional and international law. You will for example examine the importance of regional, subsidiary or complementary protection.
This program will give you insights in the notions that govern States when dealing with migration and refugee law. Beyond the law, you're going to understand the value of an interdisciplinary approach, in particular to measure the credibility of the asylum seeker's narrative.
