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Chapter 6 | Detention of Unaccompanied or Separated Children maintained a record of all detainees who claimed to be 18. See Ibid, Endnote 4, C29 “Unaccompanied Children,” para 29.2. 13 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). 14 Ibid, Endnote 13. 15 Figures provided by the Refugee Council’s Children’s Panel. Some of these age-disputed unaccompanied or separated children may have been moved between centres, so the data may not be completely accurate. 16 As the Refugee Council’s Children’s Panel was mainly working in London and the southeast of England, and the Refugee Legal Centre and the Immigration Advisory Service were not based permanently at Campsfield, Dungavel, or Lindholme, it was likely that the referrals from these centres were underestimated. 17 This is of particular concern as this removal centre is only supposed to be for men who are more than 21 years old. 18 Steering Group Meeting of the Refugee & Asylum Seeking Children’s Project, 10 May 2005. 19 The two organizations funded by the government to provide advice and representation to asylum seekers detained at Oakington Reception Centre. 20 That is, they were not entitled to appeal against any decision by the Secretary of State for the Home Department to refuse to grant them asylum until they had left the U.K. as a result of his certifying their claims as being clearly unfounded under s94 of the Nationality, Immigration and Asylum Act 2002. 21 Home Office. Disputed Age Cases Asylum Process Manual. C5: “Special Types of Cases,” 30 August 2005. Para 13.4.1. 22 Procedures were in place for those accepted as clients by the Medical Foundation for the Care of Victims of Torture to be released from Oakington Immigration Reception Centre and taken out of the Fast Track asylum determination procedures. 23 See letter from the assistant director of Oakington Immigration Reception Centre to Refugee Legal Centre, Annexes 1 to 4, 16 February 2006. 24 Information provided by Jane Dykins, head of Children’s Section at the Refugee Council. 2005. 25 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. 26 Information provided by Adrian Matthews, project manager of the Refugee and Asylum Seeking Children’s Project at the Children’s Legal Centre. 2004. 27 See reports of inspections of Immigration Removal Centres carried out by Her Majesty’s Inspectorate of Prisons between 2002 and 2005, which identified this as a particular issue of concern. 28 Save the Children. No Place for a Child: Children in UK Immigration Detention: Impacts, alternatives and safeguards. 2005. See comments from B at p63. 29 Interview with Alison Harvey, then Principal Policy and Practice Manager at the Children’s Society. 2004. 30 UNHCR. Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum. February 1997. Para 7.6. 31 UN Committee on the Rights of the Child. Concluding Observations on the Second United Kingdom Report. Para 49. 32 Separated Children in Europe Programme. Statement of Good Practice, Third Edition. 2004. C1. 33 From conversations with legal practitioners representing clients in the criminal courts. 34 The Act came into force on 22 September 2004. 35 Asylum and Immigration (Treatment of Claimants, etc) Act 2004, s2(7)(b)(iii). 36 [2005] EWHC 478 (Admin). 37 Gil-Robles, Alvaro. Commissioner for Human Rights. Report on his visit to the United Kingdom 4th–12th November 2004. 8 June 2005. Paras 74,75. Hosted by www.ijjo.org 75
SEEKING ASYLUM ALONE | UNITED KINGDOM 76 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
Page 25 and 26: 2.3 Countries of Origin Unaccompani
Page 27 and 28: Recommendations ■ 1. If the U.K.
Page 29 and 30: There was no comparable age differe
Page 31 and 32: 2.7 Private Fostering Arrangements
Page 33 and 34: Endnotes 9 Statistics published by
Page 35 and 36: SEEKING ASYLUM ALONE | UNITED KINGD
Page 37 and 38: unfounded, thus depriving this subs
Page 39 and 40: Bill in Parliament which would have
Page 43 and 44: of someone who might be an unaccomp
Page 45 and 46: It is clear that the Rules are a po
Page 47 and 48: subsequently abducted by their form
Page 49 and 50: “G” was a 16-year-old Christian
Page 51 and 52: ■ 4. Article 4 of the European Co
Page 53 and 54: 17 A multi-agency task force establ
Page 57 and 58: of the asylum determination process
Page 59 and 60: as a group around the claimant laug
Page 61 and 62: with as being hostile. Nor did they
Page 63 and 64: purposes. 38 The Immigration and Na
Page 65 and 66: or local authority social services
Page 69 and 70: als from age disputed children deta
Page 71 and 72: and February 2005 when 75% of those
Page 73 and 74: accommodation which is separated fr
Page 75: e safe to let the child go and live
Page 79 and 80: case, that adult is advised to info
Page 81 and 82: The official justification for thes
Page 83 and 84: Asylum Support Team has a case load
Page 85 and 86: days and a second review after thre
Page 87 and 88: provides access to rehabilitation a
Page 91 and 92: who the child must try to relate to
Page 93 and 94: adult in their life to speak on the
Page 95 and 96: 8.3 Role of a Legal Guardian rights
Page 97 and 98: asylum application and monitor the
Page 101 and 102: do once I got to London. The pictur
Page 103 and 104: Some social services departments do
Page 105 and 106: ■ 5. The screening interview shou
Page 107 and 108: eturn to a country requiring servic
Page 109 and 110: ■ 6. The syllabus for the Accredi
Page 113 and 114: this research believe that it is no
Page 115 and 116: A recent White Paper 13 states that
Page 117 and 118: an important and distinct role to p
Page 119 and 120: for Determining Refugee Status. 30
Page 121 and 122: draws on a small number of other re
Page 123 and 124: ■ 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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■ 3. The Law Society and the Lega
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determinations we analyzed this did
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42 Interview with Laura Brownlees,
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should resolve this difficulty. The
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A number of legal representatives b
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Department at appeals by unaccompan
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Basis Upon Which Appeals Were Allow
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Basis Upon Which Appeals Were Allow
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Recommendations 14 Immigration Rule
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concern the plethora of evidence of
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As a consequence of these restricti
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■ ■ accommodate unaccompanied o
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that the vast majority of referrals
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ecause of long waiting lists and be
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which would have provided for a leg
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screening interview and do not real
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■ 9.9 The interviewer should alwa
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excessive delay in reaching a decis
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children, or anyone who had been re
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appeal. The Asylum Policy Unit has
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and adjudicators rarely prevented t
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22 Information provided by Ailish K
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A P P E N D I X 1 Glossary of Terms
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Bibliography Amnesty International.
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Immigration Advisory Service. Submi
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FOR MORE INFORMATION PHOTOGRAPHY CR
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