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C H A P T E R 1 3
Appeals: Processes
and Outcomes
13.1 Best Practice When Hearing Appeals
by Unaccompanied or Separated Children
In accordance with the Chief Adjudicator’s Guidance children’s appeals are
generally listed at the start of an adjudicator or immigration judge’s list to ensure
that a child does not have to wait at court all day. 1 Some adjudicators and
immigration judges explain the proceedings to children in some detail and
otherwise make the actual proceedings more child friendly. Others do not.
Adjudicators take a somewhat different approach to
children than adults if you make a fuss about it. If you
talk to the child as a child, the adjudicator will often pick
up on it. They will say things like “there’s no reason to
feel afraid in my court.” Other adjudicators say “Yes, you
are a child but I am dismissing this appeal...” 2
It is of note that the Chief Adjudicator is a woman.
When she does a child’s appeal, she comes down and
sits at the same level but she is unique in that respect. 3
The Guidance also states that unaccompanied
children should be legally represented. 4 Previously
there was a difficulty in implementing this guidance if
the unaccompanied child had been refused representation
by the Legal Services Commission or his or her
own legal representative on the basis that his or her
case had insufficient merits to succeed. However, the
recent decision by the Legal Services Commission to
fund all appeals brought by unaccompanied children
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