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Chapter 11 | Outcomes of Asylum Applications
“I worry about people’s failure to distinguish
nied or separated children who have not claimed asylum
but have protection needs, arising from their own
between exceptional leave to remain [as granted
to adults] and discretionary leave granted on the family situation. These are usually unaccompanied or
sole basis of age.” 20
separated children who come to the attention of
a local authority’s social services department in the
The general misconception amongst less experienced
legal representatives and social services
welfare of children in their geographic area 21 or to
course of their duties to safeguard and promote the
departments—that unaccompanied or separated protect children from significant harm caused to
children are granted exceptional leave in recognition
of a need for international protection on
dren may have become orphans whilst living in the
them by their parents or carers. 22 The former chil-
human rights grounds and that therefore this
U.K. with a parent or parents without indefinite
leave will be extended on the same grounds—has leave to remain in the U.K. 23 Alternatively, the child
given many unaccompanied or separated children
may have entered as a visitor for a limited period of
an unjustified expectation that they will be able to
months some years before to join relatives, who
remain in the U.K. once they turn 18.
were themselves settled in the U.K. In the absence
of a legal basis for the child to remain indefinitely
This misconception is fuelled by the use of the
in the U.K., 24 the relatives typically fail to inform
same term to cover two very different situations.
the Immigration and Nationality Directorate about
The absence of informative statistics which record the child’s continuing presence, 25 and as a result the
the reasons for grants of exceptional or discretionary
leave compounds the problem. It would
the relationship with the child eventually breaks
child becomes an overstayer. 26 When as often happens
be helpful if, instead of the current generic figures, down, it will fall to social services to provide him
statistics relating to grants of exceptional or discretionary
leave to unaccompanied or separated
they will discover that the child has no continuing
or her with accommodation and at some later date
children were categorized as “Exceptional leave
leave to remain in the U.K. It is now the policy of
to remain on the basis of age” and those given to
the Immigration and Nationality Directorate 27 that
adults as “Exceptional leave to remain to avoid a
no unaccompanied or separated child should cross
human rights breach.”
international borders without his or her legal status
Exceptional or discretionary leave was and is also being ascertained. In the past these unaccompanied
granted to a small but distinct group of unaccompa-
or separated children were usually given indefinite
Percentage Of Asylum Seekers Granted Exceptional Or Discretionary Leave To Remain
■ 2002 Exceptional leave to remain 69% Unaccompanied or Separated Children 21% Adults
■ 2003 Exceptional leave to remain (prior to 1 April 2003) 32% Unaccompanied or Separated Children 8% Adults
■ 2003 Discretionary leave 40% Unaccompanied or Separated Children 6% Adults
■ 2004 Discretionary leave 73% Unaccompanied or Separated Children 8% Adults
■ 2005 Discretionary leave 69% Unaccompanied or Separated Children 10% Adults
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