Applying Refugee Family Reunion Law Therapeutically

Ferris, Katy; Marson, James; Kawalek, Anna

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. 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.

Citation

Ferris, K., Marson, J., & Kawalek, A. (2019). Applying Refugee Family Reunion Law Therapeutically. Beijing Law Review, 10(5), 1172-1196. https://doi.org/10.4236/blr.2019.105062

• Journal Article Type: Article
• Acceptance Date: Jul 15, 2019
• Online Publication Date: Oct 14, 2019
• Publication Date: Oct 14, 2019
• Deposit Date: Aug 28, 2019
• Publicly Available Date: Aug 29, 2019
• Print ISSN: 2159-4627
• Electronic ISSN: 2159-4635
• Publisher: Scientific Research Publishing
• Peer Reviewed: Peer Reviewed
• Volume: 10
• Issue: 5
• Pages: 1172-1196
• DOI: https://doi.org/10.4236/blr.2019.105062
• Keywords: Refugees; Family reunion; Therapeutic jurisprudence; Purposive interpretation; Refugee (Family Reunion) Bill
• Public URL: https://nottingham-repository.worktribe.com/output/2512405
• Publisher URL: http://www.scirp.org/journal/paperinformation.aspx?paperid=95682
• Related Public URLs: https://www.scirp.org/journal/blr/
• Contract Date: Aug 28, 2019