Unaccompanied asylum seeking children: Home Office information note

Unaccompanied asylum seeking children: Home Office information note

CONTENTS

Part I 1. What is an unaccompanied asylum seeking child?
2. Making the application
3. Involving Social Services Departments (SSD)
4. Home Office grant
5. Children's panel of the Refugee Council
6. IND policy when age is in dispute
7. Detention
8. Process for considering applications

Part II 9. Appeals
10. Legality of stay in the UK
11. Special country policies
12. Citizenship
13. Policy framework
14. Voluntary departure
15. Missing children
16. Confidentiality
17. Dispersal

18. Legal representation
19. The Office of the Immigration Services Commissioner (OISC)
20. Access to medical treatment, education and other benefits
21. Entitlement to support at age 18
22. Additional contacts and telephone numbers

Part III IND Application Registration Card (ARC)

1. What is an unaccompanied asylum seeking child?

1.1 An unaccompanied asylum seeking child is a person who, at the time

of making the asylum application:

is, or (if there is no proof) appears to be, under eighteen
is applying for asylum in his or her own right
and has no adult relative or guardian to turn to in this country.
1.2 IND does not consider a child to be unaccompanied if he or she is being cared for by an adult prepared to take responsibility for them. IND staff will involve social services in any case where there is concern about the child's relationship with the 'responsible' adult.

2. Making the application

2.1 An asylum application may be made:

at any UK port to an Immigration Officer
or, in the case of children already in the UK, at one of IND's Asylum Screening Units; the addresses are given here.
Croydon:

40 Wellesley Road,
Croydon,
CR9 2BY,

Liverpool:

Reliance House
Water Street,
Liverpool
L2 8XU, and

Leeds:

Waterside Court,
Kirkstall Road
Leeds
West Yorkshire,
LS24 2QB.

2.2 As soon as IND receives an application, we obtain the following details about the child:

name, nationality, date of birth and family details
information about how the applicant travelled to the UK.
We also fingerprint and photograph the child in the presence of a responsible adult (not IND staff). We do this either on the day the application is made or at a later date.

2.3 We do not fingerprint children under 5.

2.4 Following this, we give the child:

a questionnaire - the Statement of Evidence Form (Minor)
a Human Rights Form
and a letter asking the applicant to return to the Asylum Screening unit in one month with the completed questionnaire and form. At this stage, we produce an ARC (Application Registration Card). This confirms that the application has been made. It is issued to the child when he/she returns to ASU with the completed SEF (Minor).
2.5 If an application is made at a port, we ask children, or their representatives, to return the completed SEF (Minor) form and Human Rights form within a month to:

SEF(M) Asylum Co-ordination Unit,
PO Box 1234,
Croydon,
CR9 1ZX.

2.6 The Application Registration Card (ARC)

The ARC contains personal details about an asylum seeker. The card should only be used by the holder. Applicants may find it helpful to carry the card with them. A picture of the ARC is shown at Annex A of this document.

2.7 Local Authorities can check whether a child has properly applied to them for care and support by faxing IND on 020 8760 3105. Local authorities may wish to do this because they:

have reason to think that IND does not accept that the applicant is a minor and is treating him or her as an adult and possibly providing support from NASS;
need to verify that the child has not already been accepted by another Local Authority.

3. Involving Social Services Departments (SSD)

3.1 It is IND's responsibility to ensure that we refer all unaccompanied children who apply for asylum in the United Kingdom and who are not already in the care of Social Services to the responsible SSD as soon as they have made their claim.

3.2 We will refer unaccompanied children who are not already in the care of social services to the SSD covering the area of the address the child gives.

3.3 Where a child is accompanied by a legal representative, we will ask the adult to refer the child to the SSD in the area in which they are based. We do this because the child is most likely to have a connection with the same area as their legal representative or adult "guardian"

3.4 Where a child has no address or local connection to a SSD IND will refer to the SSD where the child is at the time.

3.5 If an unaccompanied child has sought help from social services before making an asylum claim, the responsible social worker or another responsible adult, for example, a legal representative, should bring the child to the nearest ASU - in Croydon, Liverpool or Leeds as soon as possible.

3.6 If the responsible social worker cannot accompany the child then the

SSD should give the adult acting on behalf of the child a letter showing:

the child's address, (or an address through which the child can be reached)
the name, address and telephone number of the responsible social worker.
confirmation that the adult accompanying the child is doing so with the SSD's agreement.

4. Home Office Grant

4.1 Until the child has made a claim, he or she is not an asylum seeker and cannot be counted as such for grant purposes. Grant is only payable if a child arrives alone and has never been cared for. Although local authorities also have a responsibility for children who become unaccompanied as a result of family breakdown after their arrival, they cannot claim grant for these children.

5 Children's Panel of the Refugee Council

5.1 Details of all applicants who are unaccompanied minors, including those whose claim to be under 18 IND disputes (and who we therefore treat as adults) are passed to the Children's Panel of the Refugee Council within 24 hours of the claim being lodged.

5.2 The Panel is a Home Office funded body administered by the Refugee Council. Its role is to provide independent guidance and support to ensure that the child is aware of his/her rights and the services to which he/she is entitled throughout the asylum process. The Panel does not offer legal advice.

6. IND Policy when Age is in Dispute

6.1 Where an applicant claims to be a child but his/her appearance strongly suggests that he/she is over 18, IND's policy is to treat the applicant as an adult and offer NASS support (if appropriate) until there is credible documentary or medical evidence to demonstrate the age claimed. These applications are flagged as 'disputed minors' and they are treated as adult cases throughout the asylum process, or until we accept evidence to the contrary. In borderline cases IND gives the applicant the benefit of the doubt and treats the applicant as a minor.

6.2 Although it is rare, where a SSD disagrees with IND's assessment of age, it is IND's policy to accept the SSD's professional assessment.

Social workers should contact IND by fax on 020 8760 3105 if they want IND to alter the accepted age to under or over 18.

6.3 It is open to an applicant to submit new evidence of age - including medical evidence - and IND will consider any evidence of this kind. It is recognised however that the medical determination of age is an inexact science and the margin of error can be substantial, sometimes by as much as 5 years either side.

6.4 For more information about handling age dispute cases please refer to the attached note (Annex B), "Liaison arrangements for handling age dispute cases".

7. Detention

7.1 We only detain unaccompanied asylum seeking children in the most exceptional of circumstances. If, for example, they arrive in the United Kingdom 'out of hours' the Immigration Service may have no option but to keep them overnight until they can be collected by a social worker in the morning.

7.2 Applicants who claim to be children, but whom IND are treating as adults (age-dispute cases) are subject to detention in the same way as any other adult.

8. Process for considering applications

8.1 We consider applications for asylum in the UK in accordance with our obligations under the 1951 UN Convention relating to the Status of Refugees and the 1967 Protocol. We consider all applications on their merits and, unless we can reasonably expect an applicant to seek asylum in a third country, we will grant asylum where the applicant fulfills the criteria of the 1951 Convention.

Refugees We normally grant immediate settlement in the UK to applicants whom we recognise as refugees. This means that we attach no restrictions to their stay in the UK and they may stay here permanently.

8.2 If we refuse a claim for asylum (that is, we do not recognise the applicant as a refugee), the caseworker will then consider Human Rights issues. If we decide to allow an applicant to remain in the UK for humanitarian reasons then we grant a period of exceptional leave to remain (ELR).

Exceptional Leave to Remain (ELR) (for humanitarian reasons)

The ELR period is usually 4 years, but may be less if a special country policy applies (see paragraph 11.1 below). At the end of 4 years, the applicant may apply for indefinite leave. We normally grant this unless there are specific reasons against it, for example a criminal conviction. Unaccompanied children granted 4 years ELR may therefore generally expect to be allowed to remain in the UK permanently after the 4 years has expired, provided that they apply for ILR shortly before their 4 year ELR stay expires.

8.3 We will consider for refusal unaccompanied asylum seeking children who have no asylum or human rights claim. At this stage caseworkers will consider the safety of return. Home Office Ministers have said that that no unaccompanied child will be removed from the UK unless we are satisfied that adequate reception and care arrangements are in place in the country to which he/she is to be removed. If no satisfactory reception and care arrangements can be made then IND will grant a period of exceptional leave to remain as shown in the following paragraph.

Restricted periods of ELR:

(i) we will normally give children who under 14 years of age at the time the decision is made 4 years exceptional leave to remain. At the end of this period the child may apply for indefinite leave to remain in the same way as those granted 4 years ELR for humanitarian reasons.

(ii) we will normally grant leave to remain until their 18th birthday to children who were between the ages of 14 and 17 years at the time we decided to refuse them. We will normally expect children in this category to leave the UK at the end of their leave, or sooner if satisfactory arrangements for return can be made

(iii) where a special country policy applies we will grant a child leave to remain as in (i) or (ii) above, or in accordance with the country policy in force, whichever is the more favourable to the child.

8.4 We notify decisions to applicants, to their legal representative if they have one and to the relevant social worker.

9. Appeals

9.1 Unaccompanied asylum seeking children have a right of appeal to an independent adjudicator on the grounds that their removal from the UK would be contrary to this country's obligations under the 1951 UN Convention relating to the Status of Refugees or the European Convention on Human Rights, or both. Such children will need legal advice which can be obtained free from the Refugee Legal Centre, Immigration Advisory Service, or Law Centre (Northern Ireland).

9.2 The Notice of Appeal containing the grounds of appeal must be returned to the Appeals Processing Centre (APC), Lunar House, 40 Wellesley Road, Croydon, CR9 2BY, so that it is received there no later than 10 working days after it has been received by the child's representative. The Notice of Appeal is deemed to have been received on the second day after the date of posting unless the contrary is proved.

9.3 The Immigration Appellate Authority (IAA) will give priority to a child's appeal and will notify the child's representative of the date of the hearing. It is the responsibility of the child's representative to advise the Appeals Processing Centre of any variation to the grounds of appeal as soon as possible. A request to adjourn the appeal hearing to a later date should be sent to the IAA, and also to the APC where this is practicable.

9.4 A written determination of the Adjudicator's decision will be sent to the child's representative. In the case of an adverse decision, the child's representative must seek leave to appeal to the Tribunal within 10 days from receipt of the determination.

9.5 The child's leave to enter or remain is extended for 10 days following the date of the Notice of Refusal. Where the child's legal representative decides not to appeal and suitable arrangements for the child's reception are confirmed to exist in his or her own country, arrangements for the child's return are expected to be made within 28 days from the date of refusal.

10. Legality of stay in the UK

10.1 Once an applicant's leave to remain expires, he or she will be here without leave - and be liable to removal unless they have already submitted an application to IND for further leave to remain.

Applicants must therefore either leave the UK before their leave expires, or apply for further leave to remain before their current leave expires.

11. Special Country Policies

11.1 The security and humanitarian conditions in asylum seekers' countries of origin are sometimes such that for compassionate reasons we would not normally seek to return any asylum seeker (adult or child) but instead grant them limited exceptional leave to remain in the UK.

11.2 Each case is however considered on its merits. The countries where such policies apply will vary from time to time depending on the conditions in countries of origin. Country of origin information is published on the Home Office website.

12 Citizenship

12.1 People granted settlement are eligible to apply for British Citizenship and there are various ways of acquiring this under the British Nationality Act 1981. More information is available from:

Immigration and Nationality Directorate
3rd Floor
India Buildings
Water Street
Liverpool L2 OQN

Telephone number 0151 237 5200

12.2 Information leaflets on how to apply for British Citizenship can be found on the Home Office website.

13. Policy framework

13.1 Applications from unaccompanied minors are handled with sensitivity and care at all stages by caseworkers who are specially trained to deal with claims from unaccompanied children. The welfare of the child is a central consideration. IND's target for 2002/2003 is to make an initial decision on 65% of applications from unaccompanied minors within 2 months.

13.2 We normally make decisions on the basis of the information provided in the SEF (Minor) form, but IND plans to conduct substantive asylum interviews more widely in the future. The Immigration Rules are being amended to allow this change of policy; and IND is arranging training for staff who will be responsible for interviewing children. We will only interview children in the presence of a responsible adult.

13.3 Caseworkers consider each claim in accordance with the guidelines set out in the Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 UN Convention, the IND's Asylum Policy Instructions (APIs) and the country information provided by the Country Information and Policy Unit (CIPU).

13.4 We will treat as adults applicants who reach their 18th birthday before we reach an initial asylum decision, or while awaiting the outcome of an appeal, and we will transfer them to NASS support where appropriate.

14. Voluntary Departure

14.1 Those whose asylum claim we refuse and who wish to return home voluntarily can get help from the International Organisation for Migration (IOM) at:

26 Westminster Palace Gardens
Artillery Row
London SW1P 1RR

Telephone (020) 7233 0001
Fax (020) 7233 3001

E-mail varp@iomlondon.org

Website www.iomlondon.org

14.2 The IOM is an independent organisation and is not part of the Home Office

15. Missing children

15.1 Local Authorities should inform IND, as well as the police, as soon as any unaccompanied child who is supported goes missing. The fax number is: 020 8760 3105.

16. Confidentiality

16.1 Information provided by asylum applicants is particularly sensitive and the SEF (Minor) form begins with a statement of confidentiality. This means that we will not disclose any information to the authorities in the applicant's own country. This includes their Embassy in this country.

We may disclose information, however, to other UK Government departments and agencies, local authorities, international organizations and other bodies to enable them to carry out their functions.

16.2 For further information on confidentiality issues please refer to IND's Asylum Policy Instruction (API) on Disclosure and Confidentiality of Information (Chapter 16, Section 2) which can be found on the Home Office website.

17. Dispersal

17.1 If we have not made a decision on a child's asylum application, or if they are awaiting the outcome of an appeal shortly before they reach their 18th birthday, he or she should make an application to NASS for support and accommodation if it is required. While it is Government policy to disperse asylum seekers aged 18 and over, dispersal is not automatic for former unaccompanied minors. We consider each case on its merits. We may not consider dispersal of a former unaccompanied child appropriate if, for example, the young person is in full time education or has younger siblings remaining in the care of the local authority. If the responsible social worker considers that a child should not be dispersed an application should be made to NASS.

17.2 In addition to this, it has been agreed that NASS will not disperse those young people who reach the age of 18 before a final decision is reached on their asylum claim, if they have previously been accommodated by the local authority under section 20 of the Children Act 1989 and qualify as 'former relevant children' under section 23c of the Children (Leaving Care) Act 2000.

17.3 Responsibility for locating and managing suitable accommodation for this group of young people will fall to the local authority concerned rather than to NASS (the local authority will, however, be able to seek reimbursement from NASS up to an agreed amount).

18. Legal Representation

18.1 The Panel of Advisers will ensure that all children can obtain legal advice.

18.2 Free legal advice is available from:

The Immigration Advisory Service
2nd Floor, County House
190 Great Dover Street
London SE1 4YB

Telephone 020 7357 6917

Website www.iasuk.org

Refugee Legal Centre
Nelson House
153-157 Commercial Road
London E1 2EB

Telephone 020 7780 3200

Website www.refugee-legal-centre.org.uk

19. The Office of the Immigration Services Commissioner (OISC)

19.1 The Office of the Immigration Services Commissioner (OISC) sets standards for immigration advisers in the UK. Those providing immigration advice or services in the course of business, whether or not for profit, must seek registration or exemption by the OISC. Only solicitors, barristers and legal executives holding a valid practicing certificate do not need OISC authorisation. Anyone else who gives advice on asylum issues could be breaking the law.

19.2 The OISC web site www.oisc.gov.uk lists the advisers in their scheme and provides a link to solicitors who provide immigration advice. Or you can call the OISC Helpline on 0845 000 0046.

20. Access to medical treatment , education and other benefits

20.1 Unaccompanied asylum seeking children are entitled to medical treatment on the NHS. They are also entitled to the same educational opportunities as other children. Education authorities have a legal responsibility to ensure that education is available for all children of compulsory school age in their area, irrespective of the child's immigration status. They are entirely supported under the Children Act 1989, which is maintained by the Department of Health. The Local Authority in all its functions has a corporate parenting responsibility for them.

21. Entitlement to Support at age 18

21.1 Unaccompanied asylum seeking children who are granted ELR or recognised as refugees are supported by the Local Authority under the provisions of the Children Act 1989.

21.2 At age 18 a former unaccompanied asylum seeking child who makes a fresh asylum claim should contact the National Asylum Support Service (NASS) if in need of financial support. Those who have applied for further ELR for compassionate humanitarian reasons should seek financial assistance from the Benefits Agency (BA).

21.3 At age 18 a former asylum seeking child who has applied for further leave to remain in some other category (eg as a student) should contact the BA for financial support.

21.4 At age 18 former asylum seeking children who have been refused further leave to remain, whether as an asylum seeker or in some other capacity, or who have failed to apply for further leave to remain and are in the UK without leave, should contact the BA.

21.5 Where the former Unaccompanied Asylum Seeking Child was:

"looked after" (Section 20 of the Children Act 1989)
and is considered to be a 'former relevant child' (Children (Leaving Care) Act 2000). his/her responsible authority has a continuing duty to support and assist him/her to age 21 and possibly beyond.

22. Additional contacts and telephone numbers

(a) Home Office Website: www.ind.homeoffice.gov.uk

(b) Immigration and Nationality Enquiry Bureau (INEB) Tel. 0870 606 7766

(d) PORTS

Dover (East) Tel. 01304 244900

Gatwick North Tel. 01293 892500

Gatwick South Tel. 01293 502019

Heathrow Terminal 1 Tel. 020 8745 6800

Heathrow Terminal 2 Tel. 020 8745 6850

Heathrow Terminal 3 Tel. 020 8745 6900

Heathrow Terminal 4 Tel. 020 8745 4700

Waterloo Tel. 020 7919 5900

Contact Point

Enquiries about this note should be addressed to:

Janice Gale
Asylum Policy Unit
Asylum and Appeals Policy Directorate
Apollo House
Croydon
CR9 3RR

Telephone: 020 8760 8697

e-mail: janice.gale@homeoffice.gsi.gov.uk

July 2002

IND APPLICATION REGISTRATION CARD

Introduced from 31 January 2002, this card contains a number of easily verifiable features.

For enquiries about specific cards or holders, please contact the issuing office or your local immigration office

Front - The card contains two digital images of the holder. A plastic laminate covers the card.

Reverse - This side holds the smart chip which contains information about the holder.

Front - The second optically variable safeguard has 2 well defined stages. These stages are seenalternately as the angle of light changes.

Front - Detail of Extra Small Print both in black overprint and pink background print.

Front - The laminate contains iridescent printing of the words Home Office whichbecomes visible as the angle of light changes.

Front - Detail of the optically variable “IND” logo. As the angle of light changes, a colour shift from gold to green is seen. Both colours should be seen in a genuine card.

Front - Detail of Extra Small Print both in black overprint and pink background print.

Reverse - Detail of fine line background print and extra small print.

ANNEX B

UNACCOMPANIED ASYLUM SEEKING CHILDREN (UASCS)

LIAISON ARRANGEMENTS FOR HANDLING AGE DISPUTE CASES IND PROCESS

A. Where IND do not accept the applicant's claim to be a minor (either in one of the Asylum Screening Units (ASU) or at a Port)

An Immigration Officer or a member of the Asylum Screening Unit staff tell the applicant that he or she does not accept the applicant's claim to be a minor, and so will be putting the asylum claim through adult procedures unless the applicant can produce acceptable evidence to substantiate the age claimed. The Asylum Screening Unit provides the applicant with a letter confirming that he or she is being treated as an adult for asylum purposes. An Application Registration Card is issued after induction.
IND refers the applicant to NASS if they need support.
NASS treats the applicant as an adult for support purposes. If the applicant subsequently provides acceptable evidence that he or she is under 18, NASS informs IND, terminates NASS support and refers the applicant to the Local Authority where the child is then resident for assistance.
IND also tells the applicant about the services offered by the Refugee Council and gives contact details.
IND sends the applicant's details to Refugee Council.

B. Where the applicant claims to be an adult but IND believes they may be a minor

IND question the applicant and explain that we doubt the age they have given.
IND contacts the responsible social services department (and also the police if there is reason to believe the child may be a victim of trafficking/prostitution).
Social services attend. If they agree with IND that the applicant appears to be a minor, social services take charge of the applicant, and IND treat the asylum claim as that of an Unaccompanied Asylum Seeking Child. IND issues an Application Registration Card (ARC). In some cases (by agreement and depending on age and risk) IND direct applicants to social services rather than escort them.

If social services disagree with IND's assessment and say the applicant is an adult as claimed, IND treats the applicant as an adult asylum claimant and refers him or her to NASS if support is required. IND issues an Application Registration Card after induction.

CURRENT ARRANGEMENTS IN THE REFUGEE COUNCIL

C. Where IND has decided to treat the applicant as an adult and the Refugee Council do not wish to invoke emergency procedures.

The Refugee Council advise the applicant of the procedures and put him or her in touch with a legal representative or other expert advice as required

D. Where IND has decided to treat the applicant as an adult and then Refugee Council wish to invoke emergency procedures

The Refugee Council notifies the relevant social services department and invites their comments on/participation in the age assessment.
The Refugee Council informs IND if the social services department assesses the applicant as a minor. IND amends the files to show the applicant as an Unaccompanied Asylum Seeking Child. IND issues a new ARC.
The Refugee Council continues to offer support as at "C" above if the social services department assesses the applicant as an adult but the applicant wishes to pursue a challenge to IND's/Social Services' assessment.

PROCESS TO BE FOLLOWED BY SOCIAL SERVICES DEPARTMENTS

E. Where IND has referred an applicant to a social services department for care as a minor but the social services department believes the applicant is an adult

The social services department contacts IND ( Fax. 020 8760 3105 ) IND amends the case record to show that the applicant is an adult asylum seeker and informs the social services department, who arranges to send/direct applicant to NASS to apply for support. IND issues a new Application Registration Card.
The social services department refers the applicant to NASS and the Refugee Council if support is required. If the applicant has no legal adviser, the Refugee Council will arrange for the necessary advice and assistance if the applicant wishes to challenge the social services department's assessment.

F. Where IND has decided to treat the applicant as an adult ( and referred to NASS if appropriate ) but the applicant claims support from social services department direct.

The social services department decides on their responsibility to the applicant and assesses the age of the applicant. If the social services department agrees with IND, they tell the applicant and refer him or her to NASS if appropriate. The social services department will also notify NASS and IND of their involvement and share reasons for their decision on age.
If the social services department assesses the applicant as a minor, they inform IND who amend the case record to show the applicant is to be treated as anUnaccompanied Asylum Seeking Child and issue a new Application Registration Card. Social services also inform the Refugee Council and any legal representative as appropriate.

Home Office
Immigration and Nationality Directorate
Asylum and Appeals Policy Directorate
3rd Floor
Apollo House
36 Wellesley Road
Croydon
CR9 3RR

July 2002