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Chapter 14 | Policy and Practice Recommendations 32 It was produced by the Asylum Processing and Procedures Unit in consultation with operational and policy staff and Home Office legal advisers. No external organizations were consulted. 33 In contrast, the accompanying Completion Notes are available in 34 different languages. 34 What training there is has been provided historically by the ILPA and a small number of lawyers involved in Putting Children First: A Guide for Immigration Practitioners, Legal Action Group, 2002 and Working with children and young people subject to immigration control: Guidelines for best practice, ILPA, 2004. 35 See Chapter 8. 36 Immigration Rules HC 395, para 352. 37 Although the Home Office states that it uses strict criteria when employing interpreters, legal representatives regularly comment on the lack of linguistic ability of many of the interpreters used. They often lack the vocabulary to deal with political concepts and do not convey more subtle meanings or translate into full and stylistically correct English sentences. 38 This policy has varied over the years as the IND has been reorganized and then reorganized again. There were originally two or more children’s teams which were then broken up and case workers assigned to generic teams. More recently they have been re-formed. There are now two teams with 20 case workers in each team based in London and in Liverpool. There is also another team in London which can be called upon to meet additional demand. It has not been possible to ascertain whether the separated children referred to in this research had their applications determined by a dedicated case worker. 39 Immigration Rules HC 395, para 351. 40 This is also a recommendation made by UNHCR in London as a result of its Quality Initiative Project, in which it reviewed 2% of all initial decisions made by the IND between May 2004 and January 2005. 41 UNHCR. Handbook on Procedures and Criteria for Determining Refugee Status. 1992. 42 Separated Children in Europe Programme. Statement of Good Practice. October 2004. 43 ILPA. Working with children and young people subject to immigration control: Guidelines for best practice. November 2004. 44 IND. “Unaccompanied Asylum Seeking Children Information Note” Draft. 2004. Para 13. 45 Who have already applied for asylum in another European country and who are without a parent or legal guardian present in the U.K. and have not been permitted to make an asylum appeal on humanitarian grounds. 46 Nationality, Immigration and Asylum Act 2002, s83. 47 From 1 October 2004 countries included: Albania, Bangladesh, Bulgaria, Jamaica, Macedonia, Moldova, Romania, Serbia and Montenegro (which includes Kosovo), and Sri Lanka (Bangladesh was removed from the list in 2005). As of August 2005 non-suspensive countries were also added to the list including Brazil, Bolivia, Ecuador, India, South Africa, and Ukraine. Mongolia, Ghana, and Nigeria became nonsuspensive appeals countries on 24 October 2005. 48 To qualify for protection under the ECHR, the child would have to show that a breach of rights was imminent, which would be impossible because of the discretionary leave. 49 R on the application of B v. the London Borough of Merton [2003] EWHC 1689 (Admin). 50 Adjudicator Guidance Note No. 8. Unaccompanied Children. April 2004. Para 3.4, stating that “Where the age of the child is in dispute, [you should] consider making directions for appropriate expert evidence.” 51 Ibid, Endnote 50, para 4.4. 52 Ibid, Endnote 50, para 5.4. 53 Immigration Rules HC 395, para 351. 54 Information provided by Margaret Phelan, Barrister at Renaissance Chambers. Hosted by www.ijjo.org 205
A P P E N D I X 1 Glossary of Terms ADSS = Association of Directors of Social Services AIT = Asylum and Immigration Tribunal APU = Asylum Policy Unit ASU = Asylum Screening Unit BAAF = British Association for Adoption and Fostering BID = Bail for Immigration Detainees CIPU = Country Information and Policy Unit CRC = United Nations Convention on the Rights of the Child IND = Immigration and Nationality Directorate IOM = International Organization for Migration LAC = Local Authority Circular NASS = National Asylum Support Service NGO = Non-Governmental Organization NSA = Non-Suspensive Appeal NSPCC = National Society for the Prevention of Cruelty to Children RCC = Refugee Children’s Consortium The Refugee Convention United Nations Convention relating to the Status of Refugees 1951 (as amended) Smuggling Protocol Protocol Against the Smuggling of Migrants by Land, Sea and Air Trafficking Protocol Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children SEEKING ASYLUM ALONE | UNITED KINGDOM 206 DRC = Democratic Republic of Congo ECHR = European Convention on Human Rights EEC = European Economic Area ELR = Exceptional Leave to Remain FGM = Female Genital Mutilation HOPO = Home Office Presenting Officer IAS = Immigration Advisory Service IAT = Immigration Appeal Tribunal ICMC = International Catholic Migration Commission ILPA = Immigration Law Practitioners’ Association SEF = Statement of Evidence Form UASC = Unaccompanied Asylum Seeking Children UN = United Nations UNHCR = United Nations High Commissioner for Refugees UNICEF = United Nations International Emergency Fund 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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could have been allowed. In one of
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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 205: 22 Information provided by Ailish K
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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