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Chapter 11 | Outcomes of Asylum Applications
the child or members of the child’s family in the
country of origin. Tracing should be undertaken
only on a confidential basis. Separated children
need to be properly informed and consulted about
the process and their views taken into account.
■ 5. The Separated Children in Europe Programme 62
states that a separated child should only be returned
if return is considered to be in the best interests
of the child. All other considerations such as the
fight against illegal entry should be secondary.
■ 6. Article 22 of the UN Convention on the Rights
of the Child states that “in cases where no parents
or other members of the family can be found, the
child shall be accorded the same protection as any
other child permanently or temporarily deprived
of his or her family environment for any reason.”
Recommendations
assessment of the capabilities of, the child’s
parents or legal or customary caregivers in his
or her country of origin.
■ 1. No unaccompanied or separated child should
be returned to his or her country of origin until
the child’s application for asylum had been fully
assessed in compliance with the recommendations
contained in this report.
■ 2. No unaccompanied or separated child should
be returned to his or her country of origin unless
the child has had the opportunity to appeal any
decision to refuse him or her asylum.
■ 3. No unaccompanied or separated child shall
be returned to his or her country of origin until
a full assessment of the child’s needs has been
undertaken in line with the guidance contained
in the Department of Health 1988 guide, “Protecting
Children: A Guide for Social Workers
undertaking a Comprehensive Assessment”. This
assessment must include meetings with, and an
■ 4. No steps should be taken to return an unaccompanied
or separated child to his or her country of
origin by force unless the child’s parents or legal
or customary caregivers have been traced and
they have been found to be capable and willing
to provide the child with a home life which
meets his or her needs.
Endnotes
1 Children (Leaving Care) Act 2000,s6.
2 Notifying Social Services Departments of an Asylum
Decision. Asylum Policy Notice 09/2003, Second
Edition, January 2005.
3 As a looked after child the local authority would be
organizing regular reviews of his or her progress and
as he or she approached 18 it would also be devising a
pathway plan for his or her transition into adulthood.
4 Immigration Rules HC 395, para 352A&D.
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