In July 2022, Yishak Usbek, a Ukranian Jew, is witness to the Russian invasion of Ukraine and after witnessing the shelling of his village and severe loss of life, fearing for his own life, flees Ukraine and seeks asylum in England. His case is heard and refused by the Immigration Appeals Tribunal.
He learns that the Judge, Raffia Arshad, is Muslim and that she has published scholarly articles in well-respected international law journals that advocate self-determination for Palestine.
In an interview in which she was asked to condemn BDS, she responded that she understood the goals of the movement to end international support for Israel’s oppression of Palestine but that in the end Allah would decide the fate of the Middle East, concluding that what is in the hands of the divine should not be second guessed by mortals.
You are sitting as a Judge in an appeal from this Tribunal decision and will write a judgment either allowing or rejecting the appeal.
GRADING
MARKS WILL BE AWARDED AS FOLLOWS:
Research: in addition to cases studied in class, students should use LEXIS and, if possible, find relevant additional case law that is analogous to the problems raised in the fact pattern. Academic articles and treatises can also be cited.
Authority: The precedential value and jurisdiction of legislation and precedents should be noted and their authority for the resolution of the fact pattern explained.
Argument: Cogency of argument from rules and principles on the issues raised. Argument should be authorized as opposed to abstract or political although policy factors clearly play a role.
Application to the facts: how does the law apply to the novel set of facts presented. The key to judgment is the authoritative determination of the dispute confronted. This needs to be justified in specific factual form and in detail.
Proof reading: A great deal depends in law upon the use of words and the accuracy of syntax and grammar. A lawyer should read any document that they produce three times, for accuracy of all assertions factual and theoretical, for typographic errors, for felicity of style.
WORD LIMIT: 2000 WORDS
