Journal of Social Welfare and Family Law
Volume 32, Issue 1, 2010, Pages 5-22

Asylum-seeking families in current legal discourse: A UK perspective (Article)

Stevens D.*
  • a Law School, University of Warwick, United Kingdom

Abstract

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. This 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 of the 1950 European Convention on Human Rights and the developing jurisprudence before the European, as well as 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. © 2010 Taylor & Francis.

Author Keywords

Asylum Private life Family life Article 8 Rights Refugee

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-77952030022&doi=10.1080%2f09649061003675824&partnerID=40&md5=67d3239739f4b84b0d61cce49daa365f

DOI: 10.1080/09649061003675824
ISSN: 09649069
Cited by: 2
Original Language: English