TITLE:
Applying Refugee Family Reunion Law Therapeutically
AUTHORS:
Katy Ferris, James Marson, Anna Kawalek
KEYWORDS:
Refugees, Family Reunion, Therapeutic Jurisprudence, Purposive Interpretation, Refugee (Family Reunion) Bill
JOURNAL NAME:
Beijing Law Review,
Vol.10 No.5,
October
14,
2019
ABSTRACT: This paper aims to highlight some of the key issues surrounding the development and application of immigration law as it applies in the United Kingdom (UK) to refugees attempting to be reunited with their families living abroad. The right for refugees to be reunited with their families is enshrined in international law, but this is frequently frustrated by the legal and administrative systems used in the UK. Using content analysis and doctrinal analysis techniques, the paper provides an examination of how a philosophy which considers the emotional effects of the law, therapeutic jurisprudence, could be used not only to inform interpretation of current domestic laws, but also influence the drafting of future legislation. This is an aspect of current refugee law in the United Kingdom which has yet to be examined. It provides, we argue, a humanitarian direction to statutory interpretation which may provide tangible benefits to current and proposed legal systems.