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Chapter 14 | Policy and Practice Recommendations statistics to reflect the number of age disputes which were subsequently resolved in favour of the unaccompanied or separated child. Anecdotal evidence from non-governmental organizations, social workers, and legal representatives also suggests that a number of unaccompanied or separated children trafficked into the U.K. have not come to the attention of the authorities and have not therefore been included in the statistics. Most importantly no statistics have been collected at any point in relation to the number of unaccompanied or separated children who actually do appeal against a decision to refuse them asylum or the numbers who succeed in any such appeal. Reconsidering children as a special class of asylum seekers A particularly high incidence of applications from unaccompanied or separated children as opposed to adults from specific countries suggests that they may be the targets of child specific persecution and thus cannot simply be subsumed into the wider class of asylum seekers without further thought. The fact that the top 10 countries of origin for female unaccompanied or separated children 2 do not mirror those for asylum seekers as a class further supports this point. Juxtaposed controls Over the past few years a growing number of barriers has been erected to prevent asylum seekers from reaching the U.K. Under a system of juxtaposed controls, 3 immigration officers have been placed at ports and Eurostar stations in France and Belgium to check the immigration status of those wishing to travel to the U.K. Airline Liaison Officers also operate at various airports abroad playing a similar role. If a traveller is not entitled to enter the U.K., they are turned back at that point. No statistics are collected of the numbers of individuals thus refused leave to travel to the U.K. or whether they include unaccompanied or separated children. Children who do not come into contact with local authorities Once an unaccompanied and separated child has made an application for asylum, the claim is processed and the child becomes the responsibility of a local authority social services department. Our research indicates that many unaccompanied and separated children entering the U.K. every year need the international protection offered by the Refugee Convention but fail to come into contact with the authorities and therefore have no means to claim asylum. They include children trafficked into the U.K. for various forms of exploitation and those brought in under private fostering arrangements which may also mask exploitative and abusive situations. Although the U.K. Immigration Service has responded to concerns about this group of children in a number of positive ways, the rapid increase in the number of children being age disputed has undermined progress on ensuring that unaccompanied and separated children entering the U.K. are properly protected. Complications around private fostering arrangements Our research reveals that significant numbers of unaccompanied or separated children are brought into the U.K. to be looked after by distant relatives or family friends in order to obtain better educational and eventually employment opportunities. Very strict rules and restrictions govern the grant of leave to remain as a dependant, and in practice, leave is refused unless the child has been orphaned or his or her parents and any other relatives in the child’s country of origin are incapable of caring for him or her. Similarly strict controls are used in situations where a child enters the U.K. to be adopted. 4 179 Hosted by www.ijjo.org
As a consequence of these restrictions a significant number of unaccompanied or separated children are brought in as short term visitors 5 but with an intention to stay much longer. These privately fostered children are often not reported to local authorities for fear that they will be liable to administrative removal as “overstayers.” As a result local authorities are unable to exercise their duty and ensure that the unaccompanied or separated child’s welfare is satisfactorily safeguarded and promoted. ■ 2.5 According to paragraph 20 of the UN Committee on the Rights of the Child’s General Comment No. 6 (2005): “A determination of what is in the best interests of the child requires a clear and comprehensive assessment of the child’s identity, including her or his nationality, upbringing, ethnic, cultural and linguistic background, particular vulnerabilities and protection needs.” Consequently, allowing the child access to the territory is a prerequisite to this initial assessment process. Recommendations ■ 2.1 The definition of an unaccompanied or separated child used by the Immigration Service and the Immigration and Nationality Directorate should be uniform and should accurately reflect the legal significance of a child being separated from his or her parents or legal or customary caregivers. ■ 2.6 A mandatory registration scheme for privately fostered children should be introduced, to ensure local authority oversight of private foster placements. Chapter 4 Monitoring Entry to Provide Protection SEEKING ASYLUM ALONE | UNITED KINGDOM 180 ■ ■ ■ 2.2 Any child who is not accompanied by a parent or a legal or customary caregiver should be treated as an unaccompanied or separated child when applying for asylum and any policies relating to discretionary leave for unaccompanied or separated children should be applied to the child even if he or she is living with other relatives or adults. 2.3 If the U.K. is going to seriously address its child protection responsibilities, improved record keeping is a priority. This should include detailed records of numbers of applications, types of outcomes, and appeals by unaccompanied and separated children. 2.4 Asylum applications from unaccompanied or separated children require a legal and factual framework that takes into account child specific data and argument. Contradictory statutory roles As the only statutory body monitoring the situation of unaccompanied or separated children arriving in the U.K., the U.K. Immigration Service is required to fill a number of conflicting roles. Its primary statutory obligation is an immigration control one, to ensure that unaccompanied or separated children who arrive in the U.K. are only permitted to enter if they meet the requirements of the Immigration Rules or have made an application for asylum. But it also has a significant protection role, both in combating human trafficking 6 and in exercising a de facto duty of care 7 over unaccompanied or separated children in its custody until a carer or a social services department collects the child. The establishment of Minors Teams and the Best Practice Guidance are positive moves but comments made by children who are dealt with by the Immigration Service remain negative in part. 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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for Determining Refugee Status. 30
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draws on a small number of other re
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■ 3. UNHCR also states that the q
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Page 129 and 130: 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 and 170: Department at appeals by unaccompan
Page 171 and 172: Basis Upon Which Appeals Were Allow
Page 173 and 174: Basis Upon Which Appeals Were Allow
Page 175 and 176: Recommendations 14 Immigration Rule
Page 179: concern the plethora of evidence of
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Page 189 and 190: which would have provided for a leg
Page 191 and 192: screening interview and do not real
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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