Immigration Law Clinic supports on significant migration case

Student researchers are supporting lawyers making legal arguments in a key migration case at the Court of Justice of the European Union (CJEU).

Students who are taking part in the Immigration Law Clinic are working with human rights lawyer Dr Matteo Zamboni on a case that challenges the way migrant claims are dealt with in Italy.  

Increasingly, there are discussions about the potential for states to outsource the processing of asylum applications in third countries, with asylum seekers possibly being detained during the process. In this case, migrants trying to reach Italy and rescued at sea were taken to Albania for their asylum application to be processed. The legality of the Italy-Albania Protocol is being contested at the EU’s Court of Justice and could have major implications for the use of similar systems in other EU member states, and possibly influence migration policy decisions. 

Teams of students are researching into relevant previous cases concerning migration, including the former UK-Rwanda plan and a case from Australia, as well as relevant aspects of EU law. The research is being used by lawyers working on the case to inform their legal arguments.  

For this project, the Immigration Law Clinic has partnered with Dr Matteo Zamboni, an international lawyer dealing with immigration and humanitarian assistance cases. Students benefit from Dr Zamboni’s experience of leading high-profile cases in Italy as well as before the ECHR and the CJEU.   

Dr Zamboni, who is acting as a consultant for the defence lawyers, said, "The work that Goldsmiths students are doing in researching into EU and international law is beneficial for defence lawyers who, with limited sums, are fighting this case against well resourced plaintiffs which include the Italian Government, 13 EU member states, and the European Commission." 

The Immigration Law Clinic, co-ordinated by Dr Marta Minetti, offers students the opportunity for real-world professional experience and to gain insight into some of the most topical debates and discussions of our time. The Clinic covers four major areas: practical work on immigration cases, advocacy, academic research and media engagement. It is open to students from all departments from their second year of study. 

Dr Marta Minetti said, “The clinic is founded on a straightforward yet powerful premise: to unite individuals who share concerns about the current direction of immigration laws and policies, irrespective of their academic background or professional stage.” 

Cara Shields, second-year student on the LLB Law course, said, “After taking the immigration law module, I wanted to get involved with the clinic to get more practical experience in this area of law. So far, I’ve been able to do research on how ECHR obligations may conflict with the Italy-Albania Protocol to contribute to the case being heard at the ECJ. This is an opportunity I wouldn’t have had access to without the clinic, and it's given me invaluable insight into immigration law in an international context.” 

Asher Abraham, second-year student studying Anthropology with Sociology, said, “As an anthropology/sociology student I’ve been interested in learning about immigration and borders from a social science perspective. However, the clinic’s been a great opportunity to learn about the topic from a legal angle. It’s been like learning a new language, but it’s important to try and understand the legal processes that ultimately affect the livelihoods of those affected by immigration policy.” 

Other Clinic partners include the Joint Council for the Welfare of the Immigrant, EachOther (a human rights charity focussed on independent journalism and storytelling), Sue Clayton (Professor of Film and Television in the Department of Media, Communiations and Cultural Studies) and Migrant Democracy Project (which focuses on campaigning and advocacy).  

The CJEU, which held a preliminary hearing of the case in March, is expected to deliver its final judgement by the summer.