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Family Reunification Claims of Refugee Children in the UK: Exploring the Potential of Article 8 ECHR Interpreted in line with the Best Interests of the Child

Ioffe, Yulia; (2025) Family Reunification Claims of Refugee Children in the UK: Exploring the Potential of Article 8 ECHR Interpreted in line with the Best Interests of the Child. Journal of Immigration, Asylum & Nationality Law , 39 (1) pp. 52-68. Green open access

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Abstract

This article examines family reunification claims of refugee 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 refugee children. This interpretation of Article 8 of the ECHR is guided by the best interests of the child principle, which should be a ‘paramount’ 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.

Type: Article
Title: Family Reunification Claims of Refugee Children in the UK: Exploring the Potential of Article 8 ECHR Interpreted in line with the Best Interests of the Child
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.bloomsburyprofessionalonline.com/profe...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher's terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL BEAMS
UCL > Provost and Vice Provost Offices > UCL BEAMS > Faculty of Maths and Physical Sciences
URI: https://discovery.ucl.ac.uk/id/eprint/10200586
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