The right to family reunification under refugee law : a comparative approach

Abstract

This thesis is a theoretical analysis carried out to establish the existence of the right to family reunification of people who have been granted a refugee status and also to explore the scope of this right, with particular reference to whether it can be extended to those who have been granted a form of subsidiary protection. It relies solely on legal texts and published arguments but not on surveys and interviews. Family Reunification is a right enjoyed by Convention refugees. It has been the subject of intensive debate, particularly since the Family Reunification EU Directive came into being in 2002. The thesis strives to create a full understanding of the nature of refugee status and the consequent rights, more particularly the right of family reunification. It also deals with the legal obligations of the state towards these individuals within the international, and more specifically, the local context. While non-Convention refugees and subsidiary protected beneficiaries are presently not afforded this right, legal arguments are advanced in favour of granting this right to these individuals. The importance of family reunification cannot be overemphasised. Family reunification is an emerging right that has been necessitated due to upheavals in today's socio-politico and economic climate. Without family reunification, the protected person's human right to family unity cannot be ensured. This is confirmed by study and research in the field of human relationship dynamics, particularly focusing on the role of family in the refugee context. Such research is vital in today's increasingly multi-cultural world.