Separated Children: A Comparison of the Treatment of Separated Child Refugees Entering Australia and Canada

Abstract

Separated children are in a uniquely vulnerable situation. Not only are they in fear of persecution but they have been separated from their families. They are seeking multifaceted protections. Such children need a country to protect them from further persecution, a caregiver to nurture them and fulfil the family role and a society that will foster their social and intellectual growth. This article analyses the treatment of separated child refugees in the context of international human rights law as it relates to children and from the viewpoint of domestic immigration law. The article bases this analysis on a comparison of the treatment of separated child refugees in Australia and Canada. The fundamental principle of the International Convention on the Rights of the Child is that member states should act in the child's best interests. This principle has two important aspects, firstly, that detention of children should only be used as a last resort and, secondly, that child refugees should enjoy the right to seek asylum. The article examines the domestic law of both Australia and Canada with a view to determining how these two aspects are applied to unaccompanied children.