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Chapter 13 | Appeals: Processes and Outcomes ethnicity. Notably, very few appeals were allowed on the basis of child specific persecution as a member of a particular social group, despite the fact that this convention reason was potentially applicable to a significant number of unaccompanied or separated children. In the three months sampled for the purposes of this research 26% of current or former male unaccompanied or separated children had their asylum appeals allowed. It is also clear that a number of unaccompanied or separated children have had their appeals allowed on the basis of a political opinion imputed from their father’s political activities and that political opinion is a Convention reason which is readily accepted by adjudicators. This accords with the popular perception that asylum is principally a response to political repression. We also found unaccompanied or separated children’s appeals allowed on the basis of race, religion, or By comparison only 19% of current or former female unaccompanied or separated children had their asylum appeals allowed. This may indicate that girls have greater difficulty in winning appeals because they are more likely to rely on child specific forms of persecution such as child trafficking. It also seems that boys are more likely to be considered “political” and therefore in danger of persecution because of an imputed political opinion. Appeals are heard from children of many nationalities, which reflects the great range of countries within Asia, Africa, Europe, and the former Soviet Union that generate asylum applications in the U.K. 2004 Appeals by Unaccompanied or Separated Children FEB MAY OCT ■ Appeals heard 118 total 113 total 83 total NUMBER PERCENT NUMBER PERCENT NUMBER PERCENT Male _ _ 89 78.8% 70 84.3% Female _ _ 24 21.2% 13 15.7% ■ Appeals allowed 26 22.0% 25 22.1% 9 10.7% ■ Allowed on Refugee Convention grounds 21 17.8% 24 21.2% 8 9.5% ■ Allowed where appellant is 18+ 4 3.4% 2 1.8% 2 2.4% Hosted by www.ijjo.org 169
Basis Upon Which Appeals Were Allowed: February 2004 See footnotes on page 172 NUMBER ALLOWED COUNTRIES OF ORIGIN NUMBER HEARD Male Female Total REFUGEE CONVENTION/ECHR REASON SEEKING ASYLUM ALONE | UNITED KINGDOM 170 Somalia 21 3 5 8 ethnic origin Iraq 15 0 0 0 Serbia 1 12 2 0 2 human rights Eritrea 9 1 1 2 religion (m) 2 ; ethnic origin (f) Afghanistan 7 0 0 0 DRC 3 7 0 0 0 Burundi 5 1 1 2 imputed political opinion Ethiopia 4 1 1 2 ethnic origin 4 Sierra Leone 4 1 0 1 human rights Iran 3 0 0 0 Pakistan 3 0 0 0 Rwanda 3 0 0 0 Albania 2 0 1 1 social group 5 Angola 2 0 1 1 ethnic origin 6 Cameroon 2 1 0 1 political opinion 7 India 2 0 0 0 Moldova 2 0 0 0 Turkey 2 1 0 1 imputed political opinion Azerbaijan 1 1 0 1 political opinion China 1 0 0 0 Guinea 1 0 1 1 social group 8 Indonesia 1 0 0 0 Kenya 1 1 0 1 religion 9 Liberia 1 0 1 1 human rights Morocco 1 0 0 0 Nigeria 1 0 0 0 Palestine 1 0 0 0 Romania 1 0 0 0 Sri Lanka 1 0 0 0 Vietnam 1 0 1 1 imputed political opinion Unrecorded 1 0 0 0 TOTALS 118 13 13 26 Hosted by www.ijjo.org
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Unaccompanied and Separated Childre
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ABOUT THE AUTHORS Jacqueline Bhabha
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Manchester City Council; Sue Fisher
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Contents Chapter 1 | 9 Chapter 5 |
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SEEKING ASYLUM ALONE | UNITED KINGD
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Arriving in the U.K. 6 The Immigrat
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ers often believe that although a p
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fear of certain groups in society t
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that unaccompanied minor children f
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It then added that “although chil
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2004 it rose to 8.8%. This was at a
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2.3 Countries of Origin Unaccompani
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Recommendations ■ 1. If the U.K.
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There was no comparable age differe
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2.7 Private Fostering Arrangements
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Endnotes 9 Statistics published by
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unfounded, thus depriving this subs
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Bill in Parliament which would have
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of someone who might be an unaccomp
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It is clear that the Rules are a po
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subsequently abducted by their form
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“G” was a 16-year-old Christian
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■ 4. Article 4 of the European Co
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17 A multi-agency task force establ
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of the asylum determination process
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as a group around the claimant laug
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with as being hostile. Nor did they
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purposes. 38 The Immigration and Na
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or local authority social services
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als from age disputed children deta
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and February 2005 when 75% of those
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accommodation which is separated fr
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e safe to let the child go and live
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case, that adult is advised to info
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The official justification for thes
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Asylum Support Team has a case load
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days and a second review after thre
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provides access to rehabilitation a
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who the child must try to relate to
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adult in their life to speak on the
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8.3 Role of a Legal Guardian rights
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asylum application and monitor the
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do once I got to London. The pictur
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Some social services departments do
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■ 5. The screening interview shou
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eturn to a country requiring servic
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■ 6. The syllabus for the Accredi
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this research believe that it is no
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A recent White Paper 13 states that
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an important and distinct role to p
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Page 121 and 122: draws on a small number of other re
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Page 125 and 126: SEEKING ASYLUM ALONE | UNITED KINGD
Page 131 and 132: contact the child via social servic
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Page 135 and 136: leave to remain if it was unlikely
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Page 147 and 148: until they turn 18, whichever is th
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Page 153 and 154: could have been allowed. In one of
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Page 157 and 158: ■ 3. The Law Society and the Lega
Page 159 and 160: determinations we analyzed this did
Page 161 and 162: 42 Interview with Laura Brownlees,
Page 165 and 166: should resolve this difficulty. The
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Page 169: Department at appeals by unaccompan
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Page 175 and 176: Recommendations 14 Immigration Rule
Page 179 and 180: concern the plethora of evidence of
Page 181 and 182: As a consequence of these restricti
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Page 185 and 186: that the vast majority of referrals
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Page 189 and 190: which would have provided for a leg
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Page 193 and 194: ■ 9.9 The interviewer should alwa
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Page 201 and 202: appeal. The Asylum Policy Unit has
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Page 205 and 206: 22 Information provided by Ailish K
Page 207 and 208: A P P E N D I X 1 Glossary of Terms
Page 209 and 210: Bibliography Amnesty International.
Page 211 and 212: Immigration Advisory Service. Submi
Page 213 and 214: FOR MORE INFORMATION PHOTOGRAPHY CR
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