Asylum-Seeking Families in Current Legal Discourse: A UK Perspective
18 Pages Posted: 1 Oct 2009
Date Written: September 25, 2009
Asylum-seeking families in the UK tend to be regarded as a homogeneous group. This article questions that assumption and suggests that, in reality, the term ‘asylum-seeking family’ can denote various relationships between family members. There are, it is argued, many ‘typologies’ of the asylum-seeking family, and typology is crucial to the form of protection afforded to the asylum-seeker. The article examines the issues and difficulties confronting some of these typologies with particular reference to the role played by law in granting or resisting protection. A key focus is Article 8 and the developing jurisprudence before the European as well at national courts on the interpretation of ‘family life’ and ‘private life.’ In discussing a number of recent highly significant UK cases, it will be shown that for some types of family, Article 8 might provide a route to greater protection than is currently achievable under the asylum process.
Keywords: asylum, refugee, rights, family life, private life, Article 8
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