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Chapter 14 | Policy and Practice Recommendations 8 Comment by Lisa Nandy, the Children’s Society, 2005. 9 Ibid, Endnote 7, para 1.1. 10 A procedure where nationals of certain countries are detained at Oakington Reception Centre for around a week whilst an initial decision is reached in relation to their asylum applications. 11 A procedure where male asylum seekers from certain countries are detained at an immigration removal centre whilst an initial decision is reached on their asylum applications within five days, and an accelerated appeal hearing is then heard within the centre itself. 12 A centre used to detain adults and accompanied children for periods of between seven and 10 days in order to consider their applications for asylum using an accelerated determination procedure. 13 A five-day process for assessing the initial asylum application with an expedited appeal hearing conducted within the removal centre. Endnotes 1 It is no longer possible to apply for asylum by post — all applicants now have to attend to be screened. 2 Figures presented to the UASC’s User Group for UASC nationalities where females account for more than 50% of applicants and from which the U.K. has received more than 10 female applications. 3 See The Channel Tunnel (International Arrangements) Order 1993 SI 1993/1813; the Channel Tunnel (Miscellaneous Provisions) Order 1994 SI 1994/1405; and the Nationality, Immigration and Asylum (Juxtaposed Controls) Order 2003 SI 2003/2818. 4 Under para 316A of the Immigration Rules HC 395. 5 Under para 40 of the Immigration Rules HC 395. 6 See the chapter on trafficking to be added to the U.K. Immigration Service’s Best Practice : Unaccompanied Minors : Unaccompanied asylum and non asylum seeking children. 7 UK Immigration Service. Best Practice Unaccompanied Children : Unaccompanied asylum or non asylum seeking children. 1 January 2004. Para 5.1. 14 Under para 16 of Schedule 2 to the Immigration Act 1971 if he or she fell within a category of person deemed to be suitable for detention. 15 There was also at least one instance of an age disputed unaccompanied or separated child being detained in the high security unit there. Interview with Heather Violett, Immigration Advisory Service Team Leader at Oakington Reception Centre, 2004. 16 If a child had previously been the responsibility of another local authority, it will resume responsibility for that child. If no local authority has been involved, the local authority undertaking the age assessment will assume responsibility. 17 Information provided by Adrian Matthews, Children’s Legal Centre, 2004. 18 Which came into force on 22 September 2004. 19 At college doing the equivalent of A levels or HND courses. 20 A coalition of non-governmental organizations working to support either children or asylum seekers and/or refugees. 21 Cm 5860 (September 2003). Hosted by www.ijjo.org 203
22 Information provided by Ailish King Fisher, Assistant good relationship to be established between the local Director, Children and Family Asylum Policy Team, authority accommodating the unaccompanied or sep- Asylum Appeal Policy Directorate, 2004. arated child and the immigration officers at the local SEEKING ASYLUM ALONE | UNITED KINGDOM 204 23 By the Refugee Children’s Consortium, who believe that unaccompanied children must be guaranteed the right to the assistance of a guardian when instructing a legal representative and throughout the asylum determination process, in their Parliamentary Briefing for a debate which took place in parliament on 23 February 2005 in response to the Government’s Five Year Strategy for asylum and immigration, “Controlling Our Borders: Making migration work for Britain.” 24 A number of other changes were made to ensure compliance with this Directive. 25 Many parents appear to have lied to their children in order to persuade them to leave without them and ensure that they agree to go when the parent his or herself cannot leave for political or practical reasons. 26 Where there was a local enforcement office unaccompanied or separated children were encouraged to apply there. In places such as Norwich this enabled a enforcement office. It also meant that social services could assess the child’s needs and his or her age before the application for asylum was even made. 27 Level 2 & 3 Screening Forms are currently rarely used. Level 2 forms were previously used to ascertain whether an adult or age disputed child had claimed asylum as soon as reasonably practicable for the purposes of s55 of the Nationality, Immigration and Asylum Act 2002. Level 3 forms were used when there was concern about trafficking or other criminality. 28 Letter to ILPA from IND, 22 December 2003. 29 Operational Processes. Processing Applications from Children, C5, “Special Types of Cases,” para 7.2. 30 Comment by the U.K. Country Coordinator based on comments by unaccompanied or separated children she had represented. 31 Views provided by legal representatives with children in their case load. 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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contact the child via social servic
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It is not possible to ascertain the
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leave to remain if it was unlikely
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“Unaccompanied children are not g
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5 IND. Unaccompanied Asylum Seeking
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until they turn 18, whichever is th
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“There are some exceptionally goo
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Page 161 and 162: 42 Interview with Laura Brownlees,
Page 163 and 164: SEEKING ASYLUM ALONE | UNITED KINGD
Page 165 and 166: should resolve this difficulty. The
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Page 175 and 176: Recommendations 14 Immigration Rule
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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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