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Asylum-seeking families in current legal discourse : a UK perspective
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Stevens, Dallal (2009) Asylum-seeking families in current legal discourse : a UK perspective. Working Paper. Coventry: Department of Law, University of Warwick. Warwick School of Law Research Paper (Number 2009/10).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=1523092
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. 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.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | Department of Law, University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 14 December 2009 | ||||
Dates: |
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Number: | Number 2009/10 | ||||
Number of Pages: | 19 | ||||
Institution: | University of Warwick | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access | ||||
Open Access Version: |
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