Ioffe, Yulia; (2024) Family Reunification Claims of Asylum Seeking Children in the UK: Exploring the Potential of Article 8 ECHR Interpreted in line with the Best Interests of the Child. Presented at: Practitioners Meet Academics: The Role of Academic Argument in Practical Work with Refugees and Migrants, QMUL, London, UK. (In press).

Text Ioffe_Abstract 6 November 2023 QMUL.pdf Access restricted to UCL open access staff until 1 October 2025. Download (76kB)

Abstract

This article examines family reunification claims of asylum seeking children in the UK. It argues that international law, specifically Article 8 of the European Convention of Human Rights (ECHR), requires the articulation of a distinctive child-centred approach to family reunification and a presumption against family separation of children seeking asylum. This interpretation of Article 8 of the ECHR is guided by the best interests of the child principle, which should be taken into consideration when assessing the proportionality of interference with the right to family life of children seeking asylum, thereby allowing entry of the child’s family members into the territory of a state. This paper asserts that Article 8 may serve as a vehicle for change in facilitating the reunion of these children with their families in the UK.

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