Family Reunification in South African Refugee Law: a Critical Appraisal
Family reunification and family unity are not provided for in international refugee law. During refugee flight, family members often separate due to the circumstances that force them to leave their country and seek asylum in another country. Spouses, as well as children, often find themselves in different countries. Refugees and asylum seekers need to reunite with their families to ensure their protection and well-being. Some refugees and asylum seekers experience challenges in marrying persons of their choice as the country of asylum may not facilitate the realisation of their family unity and family reunification. In this paper, it is argued that South African law and state practice are inadequate in facilitating family reunions, hence it is submitted that there is a need for South African parliament to amend its laws in order to provide for family reunification and unity in refugee issues.
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