Question: Explain and critically analyse the approach of the courts to refugee claims involving danger from non-state actors, considering in particular people escaping a violent partner or family members. Suggested starting points to include but please consider more sources for the 10 references. • R v SSHD ex p Shah and Islam [1999] 2 AC 629 • Helene Lambert “The Conceptualisation of ‘Persecution’ by the House of Lords: Horvath v. Secretary Of State for the Home Department” (2001) 13(1/2)International Journal of Refugee Law pp. 16 – 31 (available using a ‘Journals’ search in the LexisLibrary legal database) • Siobhan Mullally “Domestic violence asylum claims and recent developments in international human rights law: a progress narrative?” (2011) 60(2) International and Comparative Law Quarterly pp. 459-484 (available from the Westlaw legal database) The word limit includes tables, figures and quotations, but does NOT include references in footnotes or the bibliography. Essay needs to have an introduction, a main body and a conclusion. In your introduction, we recommend that you:- • Discuss the main ideas and questions which are raised by the title and which your essay will investigate • Identify any assumptions or opinions in the title which your essay will evaluate • Provide a summary of your structure • Summarise the argument which your essay will make, in response to the title Your introduction can show briefly how your investigation fits into a broad topic covered by the module. Avoid trying to cover everything which you know about a topic. This would create a long descriptive section; tutors prefer to see a focus on investigating specific questions raised by the essay title, on analysis and reasoned argument using legal sources (such as case law) and academic commentary (such as academic books and law journal articles). Your main body, like your introduction, does not need to tell the reader everything you learned about the topic or everything you read. Focus on presenting an in-depth reasoned argument, responding to the essay title and supported by academic sources. In your main body, we recommend that you:- • Focus on discussing the main ideas, answering the questions and evaluating the assumptions or opinions raised by the title • Present a central argument running throughout your essay in response to the title, presenting the reasons supporting your arguments • Support your argument with case law and academic sources. Academic books may be available online using Oxford Law Trove (if they’re published by Oxford University Press) Law journal articles are available from the legal databases Westlaw, Lexis and HeinOnline. • Show a balanced approach by anticipating and responding to the kind of arguments which someone would make, if they were debating the essay title with you (and if they had the legal knowledge and skills which you have) In your conclusion, we recommend that you:- • Reiterate the main ideas, questions or views which you were investigating (which were identified in your introduction) • Summarise the main arguments (which ran throughout the main body of your essay) • Show how you have directly answered the main issues raised by the essay title
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