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until they turn 18, whichever is the shorter period. 12
Bangladesh has subsequently been removed from
the list 13 as a result of a decision in the High Court. 14
Unaccompanied or separated children from the
remaining non-suspensive appeal 15 countries 16
were added to this list by 30 August 2005. 17 Mongolia,
Ghana, and Nigeria became non-suspensive appeal
countries on 24 October 2005. 18 An unaccompanied
or separated child falling in this category would also
be automatically denied a right of appeal on human
rights grounds: to qualify for protection under the
European Convention on Human Rights, the child
would have to show that a breach of rights was
imminent, which would be impossible because of
the discretionary leave.
An unaccompanied or separated child granted
discretionary leave for a year or less can apply for
However, if an unaccompanied or separated
this leave to be extended as long as he or she does so
child comes from a non-suspensive appeals country, 21
before the period of discretionary leave has expired.
he or she can be deprived of an in country right of
The child’s application is then considered under the
appeal 22 at this point because of a presumption that
Immigration and Nationality Directorate’s Active
these countries are generally safe and the Secretary
Review Policy. 19 If the child is still under 18 and dis-
of State can certify that the child’s application is
cretionary leave on the basis of age has previously
clearly unfounded. In practice this does not happen
been granted, the case worker must decide whether
in the case of child asylum seekers. However, even if
the child can be returned to the country of origin
the child has an in country right of appeal, he or
SEEKING ASYLUM ALONE | UNITED KINGDOM
146
on the basis that there are adequate reception and
care arrangements there. 20
In practice, since IND does not investigate the
adequacy of the home country arrangements, return
cannot be recommended. As a result an unaccompanied
or separated child, under 18 when the current
leave to remain expires, is likely to be granted a further
12 months of discretionary leave or leave until the
child turns 18, whichever is shorter. Once he or she
has been granted a further period of discretionary
leave, which means that in aggregate he or she has
had leave to remain in the U.K. for more than 12
months, section 83 of the Nationality, Immigration
and Asylum Act 2002 no longer applies and the child
can appeal against the previous refusal of asylum.
she can be disadvantaged by built in delay caused
by section 83 as events will not be as fresh in the
child’s mind and supporting evidence is likely to
be more difficult to obtain.
If an unaccompanied or separated child applies
for further discretionary leave just before he or she
becomes an adult, the interview is deferred until the
child turns 18 and the decision is determined for an
adult. In theory, if the child is granted a further period
of discretionary leave or Humanitarian Protection
but not refugee status, he or she can appeal against
the previous refusal to grant asylum if in aggregate
he or she has been granted more than 12 months
leave to remain. However, in practice former unaccompanied
or separated children do not appear to
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