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Chapter 3 | National Legal Framework
of children (with their parents) in Dungavel Immigration
Removal Centre, which is situated in Scotland.
She also stated that she intends to look at the way
in which asylum seeking children whose claims have
failed are removed from the U.K. 26 She is able to do
this more easily than her English counterpart as her
powers derive from different legislation particular
to Scotland which more closely mirrors the contents
of the Convention on the Rights of the Child. 27
Endnotes
1 Asylum and Immigration Appeals Act 1993, s2.
2 Immigration Rules HC 395.
3 There is also a Gateway Protection Programme within
which the U.K. has agreed to accept 500 genuinely
deserving refugees each year from a pool of referrals
from the UNHCR. To date only 86 such refugees have
been accepted. Unaccompanied or separated children
are not eligible for this programme.
4 See dicta in Robinson v. Secretary of State for the Home
Department [1997] Imm AR 568.
5 Article 6 of Dublin II, Council Regulation 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. 2003/343/EC.
6 Albania, Bulgaria, Serbia and Montenegro, Jamaica,
Macedonia, Moldova, Romania, Bolivia, Brazil,
Ecuador, Sri Lanka, South Africa, Ukraine, India.
7 Nationality, Immigration and Asylum Act 2002, s94.
8 Nationality, Immigration and Asylum Act 2002, s82, 84.
9 HC 395 made under s3 of the Immigration Act 1971.
10 Para 350 of HC 395.
11 When this is the case, this is made clear in the relevant
footnotes. It has also meant that it was not always possible
to measure the practice of the IND against the
policy in operation at the time of the decision or action
being discussed. The new policies, however, were not
radically different to previous ones in most areas.
12 Processing Applications from Children, Third Edition.
C5, “Special Types of Cases.” 30 August 2005.
13 The IND finally issued the new Asylum Policy Instruction
on Children in April 2006.
14 Produced by the OASIS (Asylum Team) Asylum Screening
Unit (ASU). 1 January 2004.
15 U.K. Immigration Service, Border Control Policy
Implementation. Children Arriving in the UK.
1 September 2005.
16 2003/9/EC, which had to be implemented in the
U.K. by 6 February 2005.
17 2004/83/EC. Incorporated into U.K. law on
9 October 2006.
18 [2005] EWCA Civ 38.
19 See T and V v. United Kingdom (2000) 30 EHRR 121
at para 76.
20 Committee on the Rights of the Child. Consideration
of report submitted by the United Kingdom of Great
Britain and Northern Ireland. UN Doc CRC/C/15/Add.34,
Eighth Session, 1995.
21 Committee on the Rights of the Child. Concluding
Observations: United Kingdom of Great Britain and
Northern Ireland. 9 October 2002.
22 These are Her Majesty’s Chief Inspectors of Schools,
Court Administration, Probation, the Constabulary,
Prisons and the Crown Prosecution Service, the Chief
Executive of the Commission for Social Care Inspection,
and the Chief Executive of the Healthcare Commission.
23 Safeguarding Children. The Second Joint Chief Inspectors’
Report on Arrangements to Safeguard Children.
July 2005.
24 The Department for Education and Skills is now
the lead government department for all policy relating
to children, having taken over this role from the
Department of Health.
25 Al Aynsley-Green, who had previously been a consultant
paediatrician, took up his post on 1 July 2005.
26 Scottish Commissioner to Investigate Treatment of Asylum
Seeking Children. Community Care. 27 January 2005.
27 The Commissioner for Children and Young People
(Scotland) Act 2003.
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