Normative Analysis of Migration Disputes: Interpretation and Resolution Strategies from Rule to Decision- I

Normative Analysis of Migration Disputes: Interpretation and Resolution Strategies from Rule to Ruling - I

The main objective of this workshop, organized by the International Refugee Rights Association (IRRA), is to practically convey how to build legal argumentation in administrative applications and lawsuits filed against the actions and proceedings established by the migration administration within the scope of Articles 1-49 of the LFIP (entry, visa, residence).

The program aims to transform legal interpretation methods and principles into strategic litigation and application tools during the application of abstract legislative provisions to concrete cases. Since it includes the application of abstract rules to concrete cases, the analysis of normative conflicts, and strategic litigation practices, the training will be held entirely face-to-face.

Program Curriculum (4 Weeks)

• Week 1: Normative Architecture and the Problem of Conflict in Migration Law (Within the Axis of Articles 1-18)
  Legality of the administration, constitutional foundations of the principle of non-refoulement. Resolution of conflicts between norms (Lex Superior, Lex Posterior, Lex Specialis) and the limits of the administration in the context of the hierarchy of Law, Regulation, and Circular.
• Week 2: Legal Interpretation Methods and Logical Deduction in Migration Law (Within the Axis of LFIP Art. 19-37)
  Law-Logic relationship, deduction, prohibition of analogy. The distinction between genuine and intra-rule legal gaps and the limits of discretionary power. Introduction to Literal, Purposive (Teleological), and Systematic interpretation techniques.
• Week 3: Residence Permits in the Context of the Elements of Administrative Acts and Interpretation Principles (LFIP Art. 19-37)
  Broad interpretation of liberties, narrow interpretation of restrictions. Systematic and purposive interpretation of the element of reason in short-term and family residence permit rejection/cancellation decisions. The prohibition of interpretation in case of clarity and the audit of the element of form.
• Week 4: Broad Areas of Discretion, Special Residence Types, and Interpretation of the Concept of Public Order (LFIP Art. 38-49)
  Purposive interpretation of humanitarian residence and victim of human trafficking residence permit processes. Limiting vague concepts such as "Public Order" and "Public Security" with objective criteria in the context of long-term residence permits, and concrete dispute analysis.

Certification and Attendance Requirements

To ensure the integrity of the workshop, which spans four weeks and has a sequential logical structure (2.5 hours per week, 10 hours in total), attendance to at least 3 weeks (7.5 hours) of sessions is mandatory. Lawyers who meet the specified attendance requirement and actively participate in the administrative act and norm analysis workshops will be awarded an IRRA-approved "Certificate of Participation".

Application and Details