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Legal Update: In a Nutshell - Family reunification for child refugees

Stewart MacLachlan considers recent case law that may allow some refugee children to apply to be reunited with their parents or siblings.

The UK government has provisions in its Immigration Rules that allow those who are recognised as refugees or are granted humanitarian protection to be reunited with their children and partners. However, there are no rules within UK legislation or the Immigration Rules for a child who is a refugee, or has humanitarian protection, in the UK to be reunited with his parents or siblings, or indeed any other family member.

However, the recent case of AT & another (Eritrea) 2016 UKUT 00227 may have a positive impact for a number of children in this situation to apply to be reunited with their family members. In this case the family unit consisted of a mother and her two sons. The older of the siblings is now 19 years old but had arrived in the UK as an unaccompanied minor when aged 16. He was granted refugee status in the UK. However, his mother and younger brother remained living in Sudan.

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