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Baker, Timnah; Bones, Kate --- "Children and refugee law in Australia and the United States" [2018] ELECD 703; in Crock, Mary; Benson, B. Lenni (eds), "Protecting Migrant Children" (Edward Elgar Publishing, 2018) 274

Book Title: Protecting Migrant Children

Editor(s): Crock, Mary; Benson, B. Lenni

Publisher: Edward Elgar Publishing

ISBN: 9781786430250

Section: Chapter 14

Section Title: Children and refugee law in Australia and the United States

Author(s): Baker, Timnah; Bones, Kate

Number of pages: 25

Abstract/Description:

International and domestic jurisprudence and guidance on the definition of ‘refugee’ have largely developed around the adult applicant. Decision-makers and courts have often struggled to engage with the different experiences and vulnerabilities of children seeking asylum. This chapter examines the application of the refugee definition to children in the law of Australia and the United States, providing comparative case studies on two aspects of the definition that present particular issues in the jurisdictions: the level of harm required to amount to persecution, and ‘membership of a particular social group’. The chapter concludes by drawing on the two case studies to highlight the possibilities of transnational and cross-jurisdictional dialogue in the field of refugee law.