UNHCR Protection Manual - Related sources

The present study examines inter alia: the international and regional standards and related jurisprudence underpinning the right to family life and family unity of refugees and other beneficiaries of international protection in the context of family reunification; legal challenges securing family reunification faced by beneficiaries of international protection, including the family definition applied, documentation, income, accommodation, and other requirements, such as to apply within a period of time to benefit from preferential terms, or only after a certain period of residence, and related international, regional and national jurisprudence and practice; practical challenges faced by beneficiaries of international protection, including lack of timely information, difficulties accessing embassies and obtaining visas and travel documentation, costs involved, administrative delays and obstacles, and related international, regional and national jurisprudence and practice.

This research paper examines: the legal basis in international and regional law for the right to family life and family unity, including the principle of non-discrimination; the jurisprudence of international and regional courts on the issue; States’ obligations and responsibilities regarding the right to family life and family unity; the varying definitions of family applied in international and regional law and practice, including different persons accepted as able to be family members by international bodies and regional courts; the family definition applied by UNHCR; and the concept of dependency as an aid to determining family membership.