The 'Best Interests' of Asylum-Seeker Children: Who’s Guarding the Guardian?
Alternative Law Journal, Vol. 38, No. 4, pp 224-228, 2013
Monash University Faculty of Law Legal Studies Research Paper No. 2013/37
5 Pages Posted: 8 Jan 2014 Last revised: 31 Jan 2014
Date Written: December 15, 2013
Abstract
Unaccompanied asylum-seeker children are regarded as particularly vulnerable individuals. Given that they lack the protection of both their home State and their parents, such children are at special risk of being exposed to harm. In recognition of this vulnerability, a number of UN bodies and other international nongovernmental organisations have recognised that these children require special procedural safeguards, including the appointment of an independent guardian. This paper analyses the current law in Australia on guardianship of unaccompanied minors and suggests avenues for reform in this area.
Keywords: refugee, children, unaccompanied minor, asylum, Australia, guardian
JEL Classification: K33
Suggested Citation: Suggested Citation