LAWS 2249 ‑ Refugee Law and the Criminal Asylum Seeker

CREDIT HOURS: 4

Should a child soldier who faces persecution be denied refugee status on the basis of them being a war criminal? What about a convicted murderer who served his full sentence before fleeing his country of origin to avoid a revenge killing? Or a taxi driver who assisted drug lords under threats of torture? These challenging questions require a balancing between the fundamental right to protection and the need to preserve the integrity of the international refugee system itself. This course will introduce students to basic concepts relating to international refugee law, with a particular focus on exclusion from status on the basis of alleged criminality. The course will begin with a cursory look at both why and how people move and the international obligations states have towards those seeking protection. The focus will then shift to a more detailed examination of the grounds for denying refugee status on the basis of criminality, as well as the challenges associated with ensuring principled and pragmatic application of these grounds.Students should expect to complete the course with an understanding of the contours of international refugee law and an appreciation for the complexities surrounding exclusion in particular. Basic principles of international criminal law, domestic criminal law, and human rights law will also be covered.

Prerequisite(s): None.
Co-requisite(s): None.
Assessment Method: May be by 100% final examination or by in class tests, assignments, take home exam and final exam. Depending on instructor.
Restrictions: None.