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Chapter 9 | 99 Applying for Asylum 9.1 Making an Application for Asylum | 99 9.2 The Screening Process | 100 9.3 Completing the Initial Asylum Application Form | 104 Chapter 10 | 111 The Determination Process 10.1 The Asylum Interview | 111 10.2 Making the Determination | 116 Chapter 11 | 127 Outcomes of Asylum Applications 11.1 Being Granted Asylum Without a Need to Appeal | 127 11.2 Refusal of Asylum | 129 11.3 Alternative Protection | 131 11.4 Voluntary Returns to Country of Origin | 134 11.5 Forced Returns to Country of Origin | 136 Chapter 13 | 163 Appeals: Processes and Outcomes 13.1 Best Practice When Hearing Appeals by Unaccompanied or Separated Children | 163 13.2 Determining the Appeal | 164 13.3 Role of the Home Office Presenting Officer | 166 13.4 Decisions on Appeals | 168 13.5 The Immigration Appeal Tribunal | 173 Chapter 14 | 177 Policy and Practice Recommendations 14.1 Conclusion | 177 14.2 Outlining the Protection Deficits and the Way Forward | 178 APPENDIXES Glossary of Terms | 206 Legislation and Cases Cited | 207 Bibliography | 208 Chapter 12 | 143 Appeals: Right to Appeal and Representation 12.1 The Right to Appeal | 144 12.2 The Quality of Legal Representation | 148 12.3 The Effect of the Legal Services Commission Merits and Means Tests | 150 12.4 Ignorance in Relation to Child Specific Persecution | 154 12.5 Age Disputes and the Appeal Process | 156 12.6 Pre-Hearing Review | 157 Hosted by www.ijjo.org 7
SEEKING ASYLUM ALONE | UNITED KINGDOM 8 Hosted by www.ijjo.org
Page 1 and 2: Unaccompanied and Separated Childre
Page 3 and 4: ABOUT THE AUTHORS Jacqueline Bhabha
Page 5 and 6: Manchester City Council; Sue Fisher
Page 7: Contents Chapter 1 | 9 Chapter 5 |
Page 11 and 12: Arriving in the U.K. 6 The Immigrat
Page 13 and 14: ers often believe that although a p
Page 15 and 16: fear of certain groups in society t
Page 17 and 18: that unaccompanied minor children f
Page 19 and 20: SEEKING ASYLUM ALONE | UNITED KINGD
Page 21 and 22: It then added that “although chil
Page 23 and 24: 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 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
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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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SEEKING ASYLUM ALONE | UNITED KINGD
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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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■ 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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