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unfounded, thus depriving this subset of asylum
available in draft form. 11 The Immigration and
seekers of a right of appeal to the Asylum and
Nationality Directorate used to publish an Unaccom-
Immigration Tribunal before they are removed
panied Asylum Seeking Children Information Note,
from the U.K. 7
which summarized these policies and acted as guid-
If no third country issues arises, the application
ance for its case workers. This has been superseded
for asylum triggers one of a number of immigration
by a chapter in its Operational Processes Manual. 12
decisions depending on whether the unaccompa-
It also published Asylum Policy Instructions for its
nied or separated child applies for leave to enter
case workers. This document has been under review
the U.K. as a refugee at a port of entry, has applied
during the period of our research and references
for leave to vary existing leave to remain (for
made to it in this Report are to the draft version
example as a visitor) on the basis that he or she
made available to some non-governmental organiza-
should be recognized as a refugee, or has entered
tions in April 2005. 13 The Immigration Service also
the U.K. illegally and has sought to rely on the
published guidance entitled Best Practice: Unaccom-
Refugee Convention to avoid removal. If any of
panied Minors 14 for immigration officers at ports of
these immigration decisions are negative, the
entry and enforcement offices. A new version of this
unaccompanied or separated child is then entitled
document was made available in 2006. 15
to an appeal. 8
In addition to this domestic legislation, the U.K.
The Immigration Rules 9 explicitly acknowledge
is bound by two European Union Directives, the
the right of unaccompanied or separated children
Council Directive Laying Down Minimum Stan-
to apply for asylum and state that in view of their
dards for the Reception of Asylum Seekers 16 and
potential vulnerability, particular priority and care
the Council Directive on Minimum Standards for
should be given to handling their cases. 10
the Qualification and Status of Third Country
Nationals or Stateless Persons as Refugees. 17 Article
3.2 The Policy Framework
18.1 of the Council Directive Laying Down Minimum
Standards for the Reception of Asylum Seekers states
SEEKING ASYLUM ALONE | UNITED KINGDOM
36
As a complement to legislation and the
Immigration Rules, the Immigration and
Nationality Directorate within the Home
Office have also adopted a number of policies relating
to the manner in which asylum applications from
unaccompanied or separated children should be
assessed and determined. These act as guidance for
its own case workers and also for those representing
unaccompanied or separated children. Unfortunately,
throughout the time frame of the present research,
policy in relation to unaccompanied or separated
children has been under review. This has meant
that some policy changes have occurred during the
research period. Some new policies have only been
that the best interests of the children shall be a [but
not the] primary consideration for Member States
when implementing the provisions of the Directive.
The U.K. has also ratified the United Nations
Convention on the Rights of the Child, but the relevance
of this ratification is severely limited in relation
to the asylum determination process for unaccompanied
or separated children as the U.K. has entered
a reservation to the Convention which states that:
The United Kingdom reserves the right to apply such
legislation, in so far as it relates to the entry into, stay
in and departure from the United Kingdom of those
who do not have the right under the law of the United
Kingdom to enter and remain in the United Kingdom,
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