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Asylum-seeking families in current legal discourse : a UK perspective
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Stevens, Dallal (2010) Asylum-seeking families in current legal discourse : a UK perspective. Journal of Social Welfare and Family Law, Vol.32 (No.1). pp. 5-22. doi:10.1080/09649061003675824 ISSN 0964-9069.
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Official URL: http://dx.doi.org/10.1080/09649061003675824
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.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Journal of Social Welfare and Family Law | ||||
Publisher: | Routledge | ||||
ISSN: | 0964-9069 | ||||
Official Date: | 2010 | ||||
Dates: |
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Volume: | Vol.32 | ||||
Number: | No.1 | ||||
Page Range: | pp. 5-22 | ||||
DOI: | 10.1080/09649061003675824 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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