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C H A P T E R 9 Applying for Asylum 9.1 Making an Application for Asylum In order to apply for asylum in the United Kingdom an unaccompanied or separated child has to have physically arrived in the country. Although the U.K. does have a very small 1 Gateway Protection Programme through which it accepts refugees who are already known to UNHCR abroad, this programme is not open to unaccompanied or separated children. Unaccompanied or separated children therefore have to apply at a port of entry, at one of the two Asylum Screening Units or at a local Immigration Service enforcement office. 2 When they do so there is an implicit assumption on the part of the Immigration Service or the Immigration and Nationality Directorate that unaccompanied or separated children both understand the concept of “seeking asylum” and know how to make an application for the protection provided by the Refugee Convention. Interviews conducted for our research and by others revealed that both assumptions were incorrect in many cases. “They just told me I needed to tell my story and I would be safe. I didn’t know what asylum itself was or that what I was doing was called asylum.” 3 “The words for applying for asylum in my language are translated as “giving up your hand” (which means surrendering). That was what I was told to Hosted by www.ijjo.org 99
do once I got to London. The picture I had was detailed briefing in his or her own language and that I would surrender to someone with guns. So in the presence of his or her legal representative. you can imagine the misunderstanding at immi- The briefing should explain the Refugee Con- gration when I kept on saying take me to the vention and the protection it can provide and also police so I can surrender. Now I laugh about it, the asylum determination process before any but then I was so scared.” 4 screening interview takes place. Children should also be provided with information about the “When I arrived in Waterloo I was so confused — European Convention on Human Rights and the no one explained what to do. I did not ask either. protection it may offer them. I don’t know what I was thinking of but for months we were all waiting to get out by any way possi- ■ 2. An unaccompanied or separated child should ble, but we never talked about after getting out.” 5 then be entitled to consult with his or her own legal representative so that the legal representa- “I had one child from the DRC who genuinely did- tive can ensure that the unaccompanied or n’t know about passports. Some children do not separated child has understood the contents of even know what [the Immigration Service] are the briefing and what he or she is required to do talking about if asked about passports.” 6 during the asylum process and can answer any queries the unaccompanied or separated child Many legal practitioners believe that because may have, before the screening interview takes unaccompanied or separated children have such a place. predictably poor understanding of the protection offered by the Refugee Convention and the intricacies of the asylum determination process, their 9.2 The Screening Process applications are never likely to succeed. Legal repre- SEEKING ASYLUM ALONE | UNITED KINGDOM 100 sentation clearly makes an enormous difference in this situation. Neither the Immigration Service nor the Immigration and Nationality Directorate has any obligation to provide unrepresented children with any pre-application briefing to ensure that they understand their rights and comprehend the process they are about to enter. The presence or absence of legal representation is particularly significant when children are liable to be returned to a third country. Recommendations ■ 1. The Immigration Service and the Immigration and Nationality Directorate should provide each unaccompanied or separated child with a An unaccompanied or separated child applying for asylum is subjected to the same screening process as an adult asylum seeker with a few additional modifications to take the child’s age into account. It is only when unaccompanied or separated children are 10 years or older that they are screened at all. If the child is under 10 he or she is only asked a few questions to obtain basic identity details. 7 In addition, unaccompanied or separated children are screened at their local enforcement office, where one is available, instead of having to travel to London or Liverpool to attend an Asylum Screening Unit. 8 The conduct of the screening interview for Hosted by www.ijjo.org
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Unaccompanied and Separated Childre
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ABOUT THE AUTHORS Jacqueline Bhabha
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Manchester City Council; Sue Fisher
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Contents Chapter 1 | 9 Chapter 5 |
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SEEKING ASYLUM ALONE | UNITED KINGD
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Arriving in the U.K. 6 The Immigrat
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ers often believe that although a p
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fear of certain groups in society t
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that unaccompanied minor children f
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It then added that “although chil
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2004 it rose to 8.8%. This was at a
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2.3 Countries of Origin Unaccompani
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Recommendations ■ 1. If the U.K.
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There was no comparable age differe
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2.7 Private Fostering Arrangements
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Endnotes 9 Statistics published by
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unfounded, thus depriving this subs
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Bill in Parliament which would have
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of someone who might be an unaccomp
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It is clear that the Rules are a po
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subsequently abducted by their form
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Page 51 and 52: ■ 4. Article 4 of the European Co
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Page 57 and 58: of the asylum determination process
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Page 61 and 62: with as being hostile. Nor did they
Page 63 and 64: purposes. 38 The Immigration and Na
Page 65 and 66: or local authority social services
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Page 103 and 104: Some social services departments do
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Page 115 and 116: A recent White Paper 13 states that
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Page 121 and 122: draws on a small number of other re
Page 123 and 124: ■ 3. UNHCR also states that the q
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“There are some exceptionally goo
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could have been allowed. In one of
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esisting removal to their countries
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■ 3. The Law Society and the Lega
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determinations we analyzed this did
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42 Interview with Laura Brownlees,
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should resolve this difficulty. The
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A number of legal representatives b
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Department at appeals by unaccompan
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Basis Upon Which Appeals Were Allow
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Basis Upon Which Appeals Were Allow
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Recommendations 14 Immigration Rule
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concern the plethora of evidence of
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As a consequence of these restricti
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■ ■ accommodate unaccompanied o
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that the vast majority of referrals
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ecause of long waiting lists and be
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which would have provided for a leg
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screening interview and do not real
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■ 9.9 The interviewer should alwa
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excessive delay in reaching a decis
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children, or anyone who had been re
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appeal. The Asylum Policy Unit has
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and adjudicators rarely prevented t
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22 Information provided by Ailish K
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A P P E N D I X 1 Glossary of Terms
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Bibliography Amnesty International.
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Immigration Advisory Service. Submi
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FOR MORE INFORMATION PHOTOGRAPHY CR
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