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Chapter 10 | The Determination Process
gration and Nationality Directorate provide more
training for its case workers both at the time of
their induction and on a continuing basis, and this
recommendation included reference to training on
child related claims. 47 The Commission noted that
each new case worker only receives an initial 11 day
training course followed by 11 days with mentoring
or support before taking over his or her own case
load. Comparable staff in Germany and the Netherlands
attend a three month course, increased to six
months if the person has no previous legal training. 48
US asylum officers also receive more extensive training,
including four hours per week of continuing
training throughout their employment.
The adverse effect of poor decision making is
somewhat ameliorated by a recent decision in the
High Court that if an unaccompanied or separated
child is wrongfully treated as an adult throughout
the asylum determination process, including following
an unsuccessful appeal, 49 the child is entitled
to have any refusal to grant asylum rescinded and
a fresh decision made which takes into account the
fact that he or she is a minor.
Compliance With International Standards
■ 1. UNHCR believes that although a single definition
of a refugee applies to all individuals regardless
of age, in the examination of the factual elements
of the claim of an unaccompanied child, particular
regard should be given to circumstances such as
the child’s stage of development, his or her possibly
limited knowledge of conditions in the country or
origin and their significance to the legal concept
of refugee status, as well as his or her special
vulnerability. 50
■ 2. UNHCR further states that certain policies
and practices constituting gross violations of
specific rights of the child may, under certain
circumstances, lead to situations that fall within
the Convention. Examples of such policies and
practices are the recruitment of children for
regular or irregular armies, their subjection to
forced labour, the trafficking of children for
prostitution and sexual exploitation and the
practice of female circumcision. 51 121
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