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■ 3. UNHCR also states that the question of how
to determine whether an unaccompanied refugee
child qualifies for refugee status will depend on
the child’s degree of mental development and
maturity. An expert with sufficient knowledge
of the psychological, emotional, and physical
development and behaviour of children should
be called upon to make the necessary assessment,
bearing in mind that children may manifest
their fears in ways different from adults. 52
■ 4. In addition, UNHCR states that the problem of
“proof” is great in every refugee status determi-
a victim of trafficking resulting in the status of
nation. It is compounded in the case of children.
being unaccompanied or separated should not
For this reason, the decision on a child’s refugee
be penalised and should receive assistance as a
status calls for a liberal application of the principle
victim of a serious human rights violation. Some
of the benefit of the doubt. This means that should
trafficked children may be eligible for refugee
there be some hesitation regarding the credibility
status under the 1951 Convention, and states
of the child’s story, the burden is not on the child
should ensure that separated and unaccompa-
to provide proof, but the child should be given
nied trafficked children who wish to seek asylum
the benefit of the doubt. 53
or in relation to whom there is otherwise an
indication that international protection needs
■ 5. The Separated Children in Europe Programme 54
exist, have access to asylum procedures.
states that it is desirable, particularly with young
children, children with a disability, or those
Recommendations
SEEKING ASYLUM ALONE | UNITED KINGDOM
122
suffering from a psychological trauma, that an
independent expert carry out an assessment of
the child’s ability to articulate a well founded fear
of persecution and also to identify any difficulties
a child may have in recounting painful incidents
or disclosing sensitive information.
■ 6. The Separated Children in Europe Programme
also states that all decisions regarding separated
children should be taken in a timely fashion taking
into account the child’s perception of time.
■ 7. Paragraph 53 of the UN Committee on the
Rights of the Child’s General Comment No. 6
(2005) states that a child who has already been
■ 1. The Advisory Panel on Country Information
should undertake an audit of all CIPU reports in
conjunction with the Refugee Children’s Consortium,
to check their relevance and accuracy in
relation to unaccompanied or separated children.
■ 2. All Immigration and Nationality Directorate
case workers should be provided with training
and have to pass an accreditation exam equivalent
to that set by the Law Society/Legal Services
Commission in its Accreditation Scheme for
legal representatives 55 before they can assess
any application from an unaccompanied or
separated child.
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