Family Reunification Claims of Refugee Children in the UK: Exploring the Potential of Article 8 ECHR Interpreted in line with the Best Interests of the Child

This article examines family reunification claims of refugee children in the UK. It argues that international law, specifically Article 8 of the European Convention of Human Rights (ECHR), requires the articulation of a distinctive child-centred approach to family reunification and a presumption against family separation of refugee children. This interpretation of Article 8 of the ECHR is guided by the best interests of the child principle, which should be a ‘paramount’ consideration when assessing the proportionality of interference with the right to family life of children seeking asylum, thereby allowing entry of the child’s family members into the territory of a state. This paper asserts that Article 8 may serve as a vehicle for change in facilitating the reunion of these children with their families in the UK.