Intro; Acknowledgements; Contents; Chapter 1: Introduction: Contesting Barriers to Child Refugee Asylum; Literature, Materials and Cases; Literature; Materials; Cases; Chapter 2: The Intersection of Collective and Individual Child Refugee Asylum Seeker Rights; 2.1 An Overview: Individual Refugee Rights Predicated on Collective Refugee and Human Rights; 2.2 Media Efforts to `Humanize ́the Refugee Asylum Seeking Collective Through Profiling of Individual Suffering; 2.3 Negation of Child Asylum Seekers ́Collective Rights as `Children ́and as `Refugees ́as a Vehicle to Denial of Their Indivi ...
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2.3.1 Case 1:Tarakhel, Mubilanzila Mayeka and Kaniki Mitunga v. Belgium (European Court of Human Rights)2.3.1.1 The Facts; 2.3.1.2 Commentary on the Significance of Tarakhel, Mubilanzila Mayeka and Kaniki Mitunga v. Belgium (European Court of Human ... ; 2.3.2 Case 2:AM (Afghanistan) v Secretary of State for the Home Department (and Lord Chancellor as Intervenor), UK Court of Ap ... ; 2.3.2.1 The Facts; 2.3.2.2 Commentary on AM (Afghanistan) v Secretary of State for the Home Department (and Lord Chancellor as Intervenor), UK Co ...
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2.3.3 Case 3: JA (Child: Risk of Persecution-Nigeria) v UK Secretary of State for the Home Department, UK Upper Tribunal Immig ... 2.3.3.1 The Facts; 2.3.3.2 Commentary on JA (Child: Risk of Persecution-Nigeria) v UK Secretary of State for the Home Department, UK Upper Tribun ... ; 2.3.4 Case 4: Khadra Hassan Farah, Mahad Dahir Buraleh, Hodan Dahir Buraleh Immigration Refugee Board of Canada; 2.3.4.1 The Facts; 2.3.4.2 Commentary on Khadra Hassan Farah, Mahad Dahir Buraleh, Hodan Dahir Buraleh Immigration Refugee Board of Canada; Literature, Materials and Cases; Literature; Materials; Cases
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3.2.1.2 Commentary on SSHD (UK Secretary of State of the Home Department) v ZAT (Syria) Court of Appeal (Civil Division) UK Ro ... 3.2.1.3 Concluding Remarks; 3.2.2 Case 2: The Queen on the Application of MK, IK (a Child by His Litigation Friend MK) and HK (a Child by Her Litigation F ... ; 3.2.2.1 The Facts; 3.2.2.2 Judicial Review Decision of the UK Upper Tribunal Immigration and Asylum Chamber: The Queen on the Application of MK ... ; 3.2.2.3 Commentary on The Queen on the Application of MK, IK (a Child by His Litigation Friend MK) and HK (a Child by Her Liti ...
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Chapter 3: `Pushback ́and `Extraterritorial Collective Migration Control Measures ́Imposed on Child Refugee Asylum Seekers3.1 Introduction: `Refoulement ́by Any Other Name Is Still `Refoulement;́ 3.2 The Right to Asylum Where the State Exercises `Pushback ́or `Extraterritorial Control ́and Denial of Asylum Amounts to Inh ... ; 3.2.1 Case 1: SSHD (UK Secretary of State of the Home Department) v ZAT (Syria) Court of Appeal (Civil Division) UK Royal Cour ... ; 3.2.1.1 The Facts
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SUMMARY OR ABSTRACT
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This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.