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Recommendations
14 Immigration Rules HC 395, para 351. Endorsed by the
Immigration Appeal Tribunal in Dermica (18890), 29
■ 1. The Department of Constitutional Affairs and
the Home Office should collect statistics about
the number of unaccompanied or separated
children appealing against an initial refusal to
grant them asylum, the grounds upon which
such appeals were brought, and the outcome
of these reports, and the basis upon which they
were allowed or dismissed.
January 1998.
15 In this particular case, the girl’s legal representative
had asked her very minimal questions in chief and the
correct approach by the adjudicator would have been
either to have given greater weight to the objective evidence
or asked the girl’s legal representative to ask
further questions to clarify any evidential points.
16 Ibid, Endnote 3.
17 Information provided by Katherine Henderson, a partner
at Browell Smith in Newcastle, 20 February 2004.
Endnotes
18 A recent case in which the Research Coordinator
appeared.
1 This is particularly important when the immigration
court is situated in a criminal court building, but is
also important when it is in a building purely used for
19 Information provided by Kathryn Cronin, barrister at
Two Garden Court Chambers in London, 23 February
2004.
immigration appeals. In both locations there are likely
to be a number of adults who are distressed and volatile.
20 Information provided by Samantha Day, a solicitor at
Luqmani Thompson in London, 11 February 2004.
2 Information provided by Margaret Phelan, a barrister
at Renaissance Chambers in London, 16 March 2004.
21 The one tier appeal tribunal was created to replace the
previous two tier Immigration Appellate Authority
3 Information provided by Paul Morris at South
from 4 April 2005.
Manchester Law Centre, 27 February 2004.
22 Information provided by an Immigration Judge, 2005.
4 Adjudicator Guidance Note No. 8. Unaccompanied
Children, April 2004, para 3.1.
23 Home Office Presenting Officers appear at appeal
hearings to represent the Secretary of State for the
SEEKING ASYLUM ALONE | UNITED KINGDOM
174
5 Ibid, Endnote 4, para 3.7.
6 “Immigration Judge” is the name given to adjudicators
from 4 April 2005.
7 The Asylum and Immigration Tribunal is the one tier
appeal system which has been in operation since
4 April 2005.
8 Ibid, Endnote 4, para 4.4.
9 For example, adjudicators were advised to create
a child-friendly hearing room by sitting around
a table or moving down to the same level as the
unaccompanied or separated child.
10 Ibid, Endnote 4, para 5.2.
11 Ibid, Endnote 4, para 5.3.
12 Ibid, Endnote 4, para 5.4.
13 Immigration Rules HC 395, para 351.
Home Department.
24 Ibid, Endnote 2.
25 See the provisions of the Immigration and Asylum
Appeals Act 1993, the Immigration and Asylum Act
1999, the Nationality, Immigration and Asylum Act
2004, and then the Asylum and Immigration (Treatment
of Claimants etc.) Act 2004.
26 There have been a number of applications for judicial
review by separated children arising from age disputes
or the failure by local authorities to provide them with
appropriate care, and the key decisions in such cases
have been referred to in the section on Care Provided
to Separated Children.
27 From 4 April 2005, an unaccompanied or separated
child has been able to seek an internal review of any
decision by an Immigration Judge to dismiss his or
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