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A P P E N D I X 2 Legislation and Cases Cited Legislation Cited Cases Cited Asylum and Immigration (Treatment of Claimants, etc) Act 2004 Asylum and Immigration Appeals Act 1993 Children (Leaving Care) Act 2000 Children Act 1989 Children Act 2004 Human Rights Act 1998 Immigration Act 1971 Immigration Rules HC 395 Nationality, Immigration and Asylum Act 2002 Review of Children’s Cases (Amendment) (England) Regulations 2004 SI 2004/1419 The Channel Tunnel (International Arrangements) Order 1993 SI 1993/1813 The Channel Tunnel (Miscellaneous Provisions) Order 1994 SO 1994/1405 The Commissioner for Children and Young People (Scotland) Act 2003 The Nationality, Immigration and Asylum (Juxtaposed Controls) Order 2003 SI 2003/2818 Andy Mokev v. The Refugee Applications Commissioner [2005] IEHC 317 (Ireland) Dermica IAT (18890), 29 January 1998 Huang v. Secretary of State for the Home Department [2005] EWCA Civ 105 ID & Others v. The Home Office [2005] EWCA Civ 38 Sarjoy Jakitay IAT (12658), 15 November 1995 Siliadin v. France Application [2005] ECHR 545 The Queen on the Application of A v. Secretary of State for the Home Department CO/2858/2004 The Queen on the application of B v. London Borough of Merton [2003] EWHC 1689 (Admin) The Queen on the Application of Behre & Others v. London Borough of Hillingdon [2003] EWHC 2075 The Queen on the Application of C v. London Borough of Enfield [2004] EWHC 2297 The Queen on the Application of E v. London Borough of X [2005] EWHC 2811 The Queen on the Application of I & Another v. London Borough of Enfield [2005] EWHC 1025 (Admin) The Queen on the Application of K v. Croydon Crown Court [2005] EWHC 478 The Queen on the Application of Mlloja v. Secretary of State for the Home Department [2005] EWHC 2833 The Queen on the Application of Robinson v. Secretary of State for the Home Department [1997] Imm AR 568 The Queen on the Application of T and V v. United Kingdom (2000) 30 EHRR 121 The Queen v. Secretary of State for the Home Department ex parte Sivakumaran [1988] AC 958 Hosted by www.ijjo.org 207
Bibliography Amnesty International. Get It Right : How Home Office Decision Making Fails Refugees. February 2004. Committee of Public Accounts. Fourth Report of Session 2004–2005. House of Commons HC 238. SEEKING ASYLUM ALONE | UNITED KINGDOM 208 Amnesty International. United Kingdom: Seeking asylum is not a crime: detention of people who have sought asylum. June 2005. Association of Directors of Social Services. Age Assessment Joint Protocol between the Immigration and Nationality Directorate and the Association of Directors of Social Services. 22 November 2005. Asylum Policy Unit. Applications of Non Suspensive Appeal (NSA) Process to Unaccompanied Children. May 2004. Asylum Policy Unit. Humanitarian Protection and Discretionary Leave. April 2003. Audit Commission. Another Country — Implementing Dispersal Under the Immigration and Asylum Act 1999. 2000. BBC News. Child Prostitutes Trafficked into UK. 16 May 2003. BBC News. Trafficking Victim Tells of Torment. 30 July 2003. Burnett, Angela and Fassil, Yohannes. Meeting the Health Needs of Refugee and Asylum Seekers in the UK: An Information and Resource Pack for Health Workers. London: Department of Health’s Crown Copyright, 2003. Chief Adjudicator. Guidance Note No. 8: Unaccompanied Children. April 2004. Coker, Jane, Finch, Nadine and Stanley, Alison. Putting Children First: A guide for immigration practitioners. Legal Action Group, 2002. Community Care. Scottish Commissioner to Investigate Treatment of Asylum Seeking Children. 27 January 2005. Council of Europe. Convention on Action Against Trafficking in Human Beings. CETS No. 197. Council of Europe. European Convention on Human Rights. Department of Health, Social Services and Public Safety of Northern Ireland. Asylum Seekers and Refugees: Police Guidance on Access to Health and Social Services. April 2004. Department of Health. Framework for the Assessment of Children in Need and Their Families. European Union Commission. “Regulation of 2 September 2003 laying down detailed rules for the application of Council Regulations (EC) No. 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national.” 2003/1560/ EC.2003. European Union. “Council Directive laying down minimum standards for the reception of asylum seekers.” 2003/9/EC. European Union. “Council Directive of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national.” EC No. 343/2003. European Union. “Council Directive on Short Term Residence Permits Issued to Victims of Action to Facilitate 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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esisting removal to their countries
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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 187 and 188: ecause of long waiting lists and be
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Page 205 and 206: 22 Information provided by Ailish K
Page 207: A P P E N D I X 1 Glossary of Terms
Page 211 and 212: Immigration Advisory Service. Submi
Page 213 and 214: FOR MORE INFORMATION PHOTOGRAPHY CR
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