Integrating Refugee and Asylum-seeking Children - Center for the ...

comparative report: educational integration of refugee and asylum-seeking 37
Table 4. firsT-insTance decisions on (non-eu27) asylum
applicaTions, 2010 (conTinued)
country
total
decisions
positive
decisions
It is at the level of immigration policy that the
highest degree of differentiation is found. The
multiplication of categories reflects the constant
search for new ways of reconciling the human
right of asylum with the desire to restrict
immigration. The precise distinctions made by
the law vary from country to country: Germany
provides a typical example, with six possible types
of status – asylum seekers, recognised refugees,
beneficiaries of subsidiary protection, persons
with “tolerated stay” (Duldung), persons with a
right of continued abode after several years of
“tolerated stay” (Bleiberecht), persons with other
forms of regular stay in Germany and persons
with irregular stay. 5 The reader should bear in
mind that for the purposes of the INTEGRACE
project, a ‘refugee’ child is regarded as one who
has been granted any of the forms of protection
available (i.e. ‘convention refugee’, subsidiary or
complementary protection, or a residence permit
% positive
decisions
% refugee
status
on humanitarian grounds). Sometimes asylum
seekers may be taken out of the procedure and
granted residence rights in the framework of an
amnesty, e.g. because they have had to wait too
long for a decision; these cases are not included
in any of the above categories.
1.2. policies concerning entitlement
to education
In theory, the UN Convention on the Rights of
the Child lays down that all children, without any
kind of discrimination, are entitled to education.
At this level of policy, therefore, no distinctions
whatsoever should be encountered. However, the
policies of individual countries may curtail this
right – and even when they grant the right, those
5 Country Report: Germany.
% subsid.
protection
% humanit.
reasons
Cyprus 2,440 425 17 7 87 6
Latvia 50 25 50 20 80 -
Lithuania 190 15 8 0 100 -
Hungary 1,040 260 25 29 44 27
Malta 350 220 63 20 75 7
Netherlands 17,580 8,005 46 10 50 40
Poland 4,420 510 12 16 38 45
Portugal 130 55 42 9 91 -
Romania 435 70 16 57 43 0
Slovenia 115 25 22 80 0 -
Slovakia 295 90 31 6 61 33
Finland 4,260 1,595 37 10 78 12
Sweden 27,650 8,510 31 23 70 7
United Kingdom 26,690 6,440 24 69 29 2
Iceland 25 5 20 0 0 100
Norway 15,180 5,300 35 56 30 14
Switzerland 18,475 7,815 42 43 15 42