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The Child in International Refugee Law
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  • Cited by 6
  • Cited by
    This book has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Iusmen, Ingi 2019. Gender and Queer Perspectives on Brexit. p. 185.

    Aptel, Cécile 2019. International Human Rights of Children. p. 515.

    Aptel, Cécile 2018. International Human Rights of Children. p. 1.

    van Os, E. C. C. (Carla) Zijlstra, A. E. (Elianne) Knorth, E. J. (Erik) Post, W. J. (Wendy) and Kalverboer, M. E. (Margrite) 2018. Finding Keys: A Systematic Review of Barriers and Facilitators for Refugee Children’s Disclosure of Their Life Stories. Trauma, Violence, & Abuse, p. 152483801875774.

    Aptel, Cécile 2018. International Human Rights of Children. p. 1.

    Bhabha, Jacqueline 2018. #Us Too: Children on the Move and Belated Public Attention*. International Journal of Law, Policy and the Family, Vol. 32, Issue. 2, p. 250.

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Book description

Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.

Reviews

'This book is an exceptional contribution to international refugee law; it displays originality and rigour throughout. It is a remarkable achievement and a major scholarly intervention in ongoing conversations about the future direction of international refugee law. The arguments advanced will have a profound impact on the approach to the relationship between international human rights law and refugee law, and will assist in reshaping legal and policy responses.'

Colin Harvey - Queen’s University, Belfast

'This creative work of scholarship will raise the visibility of the many thousands of children now in search of refuge and protection. It identifies and clarifies relevant and operative rights, and provides a solid jurisprudential bridge between refugee status and the best interests of the child. What is more, it underlines the immediate obligations of States, whose active and protective intervention is required if children on the move are not to lose what can never be recovered - their childhood.'

Guy S. Goodwin-Gill - Emeritus Professor of International Refugee Law, University of Oxford

'Meticulous research has been accompanied by rigorous scholarship to produce a work that anyone working in the field of child refugee law must read.'

John Tobin - Director of Studies, Human Rights Law, Faculty of Law, University of Melbourne

'This book is an important addition to the leading texts on refugee law. It combines deep erudition, clear exposition and excellent analysis. It is essential reading for scholars, practitioners and judges interested in this field.'

Raza Husain QC - Matrix Chambers

'This book is published at just the right time, when there is increasing sophistication among practitioners and scholars about the complex issues involved in theorizing protection claims and providing effective representation to children refugees, accounting for their unique needs and vulnerabilities as children. Pobjoy’s treatise is not only a major scholarly achievement, but it will have practical uses as well for lawyers representing refugee children, especially as they consider alternative and supportive international frameworks (such as the Convention on the Rights of the Child) beyond the familiar Refugee Convention context.'

Deborah Anker - Director and Clinical Professor of Law, Harvard Immigration and Refugee Clinical Program, Harvard Law School, Massachusetts

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UNHCR, ‘Brief of the United Nations High Commissioner for Refugees as Amicus Curiae in Support of the Petitioner’, filed in Valdiviezo-Galdamez (14 April 2009)
UNHCR, ‘Brief of the United Nations High Commissioner for Refugees as Amicus Curiae in Support of the Petitioners and Reversal of the BIA’s Decision’, filed in Orellana-Monson v Holder (7 May 2009)
UNHCR, Conclusions Adopted by the Executive Committee on the International Protection of Refugees (2009)
UNHCR, Guidance Note on Refugee Claims Relating to Female Genital Mutilation (2009)
UNHCR, Guidelines on International Protection: Child Asylum Claims under Article 1A(2) and 1 F of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees, HCR/GIP/09/08 (2009)
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UNHCR, ‘Brief Amicus Curiae of The United Nations High Commissioner for Refugees in Support of Respondent Fancis Gatimi’, filed in Matter of Gatimi (25 March 2010)
UNHCR, ‘Brief of the United Nations High Commissioner for Refugees as Amicus Curiae in Support of Petitioner’, filed in Gaitan v Attorney General (13 June 2010)
UNHCR, ‘Brief Amicus Curiae of the United Nations High Commissioner for Refugees in Support of Petitioner’s Petition for Rehearing En Banc’, filed in Mejilla-Romero (18 June 2010)
UNHCR, ‘Brief Amicus Curiae of the Office of the United Nations High Commissioner for Refugees in Support of Respondent X’, filed in Matter of X (17 August 2010)
UNHCR, ‘Brief of the United Nations High Commissioner for Refugees as Amicus Curiae in Support of Petitioner’, filed in Rivera-Barrientos (18 August 2010)
UNHCR, ‘Brief of the United Nations High Commissioner for Refugees as Amicus Curiae in Support of the Petitioner’, filed in Bueso-Avila (9 November 2010)
UNHCR, Guidance Note on Refugee Claims Relating to Victims of Organized Gangs (2010)
UNHCR, Field Handbook for the Implementation of UNHCR BID Guidelines (2011)
UNHCR, Ministerial Communique, HCR/MINCOMMS/2011/6 (8 December 2011)
UNHCR, Guidelines on International Protection No 9: Claims to Refugee Status Based on Sexual Orientation and/or Gender Identity within the Context of Article 1A(2) of the 1951 Convention and/or Its 1967 Protocol Relating to the Status of Refugees, HCR/GIP/12/09 (2012)
UNHCR, ‘The United Nations High Commissioner for Refugees’ Amicus Curiae Brief in Support of Petitioner’, filed in Henrique-Rivas v Attorney General (23 February 2012)
UNHCR, ‘Quality Integration Project: Considering the Best Interests of a Child within a Family Seeking Asylum’ (December 2013)
UNHCR, ‘Case for the First Intervener’, filed in HJ (undated)
UNHCR and UNICEF, Safe & Sound: What States Can Do to Ensure Respect for the Best Interests of Unaccompanied and Separated Children in Europe (2014)
UNHCR, ‘Submission from the United Nations High Commissioner for Refugees (UNHCR) to the legal representatives in case numbers XXX, XXX and XXX before the Danish Refugee Appeal Board’ (2015)
UNHCR, The Heart of the Matter: Assessing Credibility when Children Apply for Asylum in the European Union (2014)
UNHCR, Global Trends 2014 (2015)
UNHCR, Global Trends 2015 (2016)
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UNICEF, Hidden in Plain Sight: A Statistical Analysis of Violence Against Children (2014)
UNICEF, Implementation Handbook for the Convention on the Rights of the Child (3rd edn, 2007)
UNICEF, Progress for Children: A Report Card on Child Protection (2009)
UNICEF, The State of the World’s Children: Celebrating 20 Years of the Convention on the Rights of the Child (2009)
UNICEF, The State of the World’s Children 2014 in Numbers: Every Child Counts (2014)
UNICEF, The State of the World’s Children (2015)
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DIAC, ‘Application for a Protection (Class XA) Visa’ (Form 866, July 2013)
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MIAC, Administration of Ministerial Powers (P A124, 24 March 2012)
MIAC, Minister’s Guidelines on Ministerial Power (s 345, s 351, s 391, s 417, s 454 and s 501J) (P A098, 24 March 2012)
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Refugee and Humanitarian Division, ‘Protecting the Refugee’s Family (The Final Act of the 1951 United Nations Conference of Plenipotentiaries): An Australian Perspective’ in DIMIA, Interpreting the Refugees Convention: An Australian Contribution (2002) 175
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CIC, OP 4: The Processing of Applications That Include a Request for Humanitarian and Compassionate or Public Policy Consideration (26 February 2013)
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IRB, Interpretation of the Convention Refugee Definition in the Case Law (31 December 2010)
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UKBA, Asylum Process Guidance: Processing an Asylum Application from a Child (ver 6, 16 April 2013)
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  • ‘Germany’, 1669 UNTS 475

  • ‘Japan’, 1775 UNTS 447

  • ‘Netherlands’, 1855 UNTS 420

  • ‘New Zealand’, 1719 UNTS 495

  • ‘Singapore’, 1890 UNTS 526

  • ‘Switzerland’, 1965 UNTS 505

  • ‘United Kingdom of Great Britain and Northern Ireland’, 1658 UNTS 682

Appellant, ‘Case for the Appellant’, filed in ZH (Tanzania) v SSHD (undated)
Appellant-Petitioner, ‘Initial Brief Filed by the Appellant-Petitioner’, filed in Kholyavskiy v Mukasey (15 June 2007)
Center for Gender and Refugee Studies et al., ‘Brief of Amici Curiae in support of Petitioner’s Petition for Rehearing or Rehearing En Banc’, filed in Mejilla-Romero (21 June 2010)
CORAM Children’s Legal Centre, ‘Case for the CORAM Children’s Legal Centre’, filed in H (H) v Deputy Prosecutor of the Italian Republic, Genoa (undated)
CORAM Children’s Legal Centre, ‘Note for the CORAM Children’s Legal Centre’, filed in H (H) v Deputy Prosecutor of the Italian Republic, Genoa (7 March 2012)
Foster, M, and Pobjoy, J, Submission No 9 to Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Inquiry into the Migration Amendment (Complementary Protection) Bill 2009 (28 September 2009)
Harvard Immigration Refugee Clinical Program, ‘Brief of Amici Curiae Harvard Immigration and Refugee Clinical Program and Other Immigration Rights Advocates in Support of Petitioner’, filed in José Fuentes-Colocho v United States Attorney General (19 November 2013)
Human Rights Law Resource Centre, Submission No 5 to Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Inquiry into the Migration Amendment (Complementary Protection) Bill 2009 (September 2009)
Goodwin-Gill, G S, and Hurwitz, A, ‘Memorandum’ reproduced in House of Lords Select Committee on the European Union, Defining Refugee Status and Those in Need of International Protection, House of Lords Paper No 156, Session 2001–02 (2002) (‘Minutes of Evidence Taken before the European Union Committee (Sub-Committee E)’ (10 April 2002) 13)
Sadoway, G, ‘Applicants’ Further Memorandum of Argument’, filed in KH v Canada (MCI) (9 January 2008)
United States Attorney, ‘Brief’, filed in Gonzalez v Reno (24 April 2000)