Unaccompanied asylum-seeking children in the United Kingdom

Unaccompanied asylum-seeking children in the United Kingdom, often abbreviated to UASC, are children who are outside their country of origin to seek asylum in the United Kingdom, are separated from parents and relatives, and are not in the care of someone who is responsible for doing so.^[1]

Definitions

Since unaccompanied asylum-seeking children are an international concern, there are several different definitions that apply to them within the UK.

The United Nations defines unaccompanied children as “children, as defined in article 1 of the Convention, who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.”^[1] The United Nations defines separated children, a closely related group, as “children, as defined in article 1 of the Convention, who have been separated from both parents, or from their previous legal or customary primary caregiver, but not necessarily from other relatives. These may, therefore, include children being accompanied by adult family members.”^[2]

The UK Home Office defines unaccompanied asylum-seeking child as "a person under 18, applying for asylum on his or her own right, who is separated from both parents and is not being cared for by an adult who by law has responsibility to do so."^[3]

All asylum-seekers in the UK are seeking refugee status. The UK abides by the UN definition of a refugee when determining refugee status. The UN defines a refugee as a person who ‘owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.^[4]

Statistics

The number of unaccompanied asylum-seeking children entering Great Britain varies from year to year. The following table shows the number of total applications for asylum received each year from 2006-2011.

^[3]

UASC come from all over the world, but as of 2008 the top ten countries of origin were Afghanistan, Iraq, Iran, Eritrea, China (including Taiwan), Somalia, Bangladesh, India, Sri Lanka, and Albania.^[5]

Gender disparity

Far more male unaccompanied asylum-seeking children enter the UK than female unaccompanied asylum-seeking children. This gap can be seen when the 2006-2011 applications are broken down by gender.

^[3]

Adults posing as minors

It is common for young asylum-seekers not to have any proof of age, either because it was lost on their journey to the UK or because they never had any paperwork. Some may not know their own date of birth. Some asylum seekers claiming to be unaccompanied minors are actually over 18. Where a young asylum-seeker's age is disputed by authorities, they may undergo an age assessment to provide an informed estimate. In the year ending September 2015, around two-thirds of asylum seekers who had their age disputed were found to be over 18.^[6][7]

Asylum process

In order to be able to make an application for asylum, a separated child must first be able to reach the UK. This has become more difficult in the last decade, with immigration officers being placed at ports and Eurostar stations and airline liaison officers being placed at airports to check the travel documens of anyone wishing to travel to the UK. If a young person is not legally able to enter the UK under the immigration rules, they may be turned back before ever formally entering the UK. ^[8] Assuming that they make it through the immigration controls, the next step is for a person to make a formal asylum application. This application can be made at the port of entry, at the Asylum Screening Unit in Croydon, or (only for children) at local immigration service enforcement offices.^[9]

When the application is completed, children will go through a Screening Interview, in which they are asked about personal details, reasons for coming to the UK, and their journey.^[9] As part of this process, the child receives immigration identification papers, including an Application Registration Card (ARC) confirming that the child has formally applied for asylum. ^[10] Children over the age of 12 are given a date for a First Reporting Event with a case owner as well as a Statement of Evidence Form. This form provides details of the asylum case and must be filed within 20 working days by a legal representative.^[9]

Following the submission of the Statement of Evidence Form, children over twelve generally undergo an interview with an immigration official about their asylum application. This interview is supposed to establish whether the child qualifies either for refugee status under the Refugee Convention or for ill treatment under article 3 of the European Convention on Human Rights.^[10] However, the interview does not always receive the scrutiny that it should. The Immigration and Nationality Directorate has confirmed that children's asylum applications receive less consideration than those of adults because case workers are influenced by the fact that even if a child’s application is refused, that child will be granted a period of discretionary leave.^[8]

The asylum process on a larger scale is also subject to incorrect decisions that later have to be overturned. In 2011, the courts overturned 26% of initial Home Office decisions—a figure that rose to 50% for women.^[11]

Outcomes

There are four possible outcomes of the asylum claim: grant of asylum (refugee status); refusal of asylum but grant of humanitarian protection; refusal of asylum and humanitarian protection but grant of discretionary leave to remain; or refusal of asylum and any leave to remain.^[9] Only a small number of UASC receive refugee status: ‘only 2% of unaccompanied or separated children were granted asylum when they applied in 2004 and only about 12% of unaccompanied or separated children succeeded when they appealed against an initial refusal to grant them refugee status.’^[8]

By far the most common outcome for separated children is a grant of discretionary leave to remain. Discretionary leave to remain is provided most frequently when there are inadequate return arrangements for these children in their country of origin.^[10] This leave to remain is usually granted for three years or until the young person reaches 17 ½, whichever is sooner.^[10] The child may appeal if he thinks he should have been granted refugee status or humanitarian protection, but only if he was initially granted more than twelve months’ leave.^[10] It should be noted that both grants of humanitarian protection and of discretionary leave are still rejection of asylum claims, so the young people granted either of these have the right to appeal this decision.^[10]

Social work

Before the age of eighteen, separated children are the responsibility of the local authority in which he or she is present.^[10] Upon the arrival of an unaccompanied child, the social services department of the local authority assesses the child’s needs and provides assistance.^[12]

As with British children in care, though, care itself can take several different forms. If the unaccompanied asylum-seeking child is under 16 at the time of arrival, he or she is generally placed in foster care.^[10]Those who are 16 or 17 at the time of arrival—the majority of these children—may be placed in foster care, but generally are placed in semi-independent accommodation, i.e. in ‘shared flats or supervised accommodation’.^[12]Most unaccompanied asylum-seeking children are supported under Section 20 of the Children Act 1989.^[10] Under Section 20, children’s services must financially support young people until the age of 18 regardless of immigration status. The amount of financial support varies according to different local authorities’ policies and placement.^[10] Generally speaking, most local authorities have sent returns to the UK Border Agency (now superseded by UK Visas and Immigration) each month informing the agency how many days a separated child has received support.^[10]

Pathways at eighteen

Pathway planning refers to the process of social workers planning out the different possibilities that an unaccompanied asylum-seeking child may be facing when leaving care and potentially facing a change in status. The pathway plan should detail how a young person’s needs will be met, and carried out every six months.^[10] Pathway planning is a part of leaving care for all care leavers, not just UASC, but it is particularly necessary for separated children.

Many unaccompanied asylum-seeking children are facing a change in status as they approach 18, as most are initially given discretionary leave to remain until age 17 ½.^[10] This expiration of leave affects not only their benefits but also their ability to remain in the UK at all. To extend leave to remain, the young person has to apply for an extension of discretionary leave to remain prior to the expiration, but even applying on time does not guarantee outcomes.^[10] Pathway planning at eighteen, therefore, covers similar options to those that refugees face while undergoing the initial asylum process. If the young person received refugee status upon first application, then he/she will retain that status upon turning eighteen and pathway planning is much simpler.^[10]

If the unaccompanied asylum-seeking child initially was granted a period of discretionary leave, though, the process becomes more complicated. The young person may be granted an extension of discretionary leave to remain for another finite period, and thus has the ability to legally remain in the UK with full entitlements for another several years. Many young people, though, either have their applications rejected or do not put forth their applications to extend leave in advance of the deadline.^[9] These young people may return to their countries voluntarily or involuntarily. However, there is a large group of young people who remain in the country even after their request for extended leave is denied. This group is referred to as "end of line/appeal rights exhausted," and are people "who have been refused asylum or any form of temporary protection or their leave to remain has expired (and an application to extend it refused), and they have exhausted all appeals."^[10]

Although these people no longer have a legal right to remain in Britain, they have for one reason or another not been removed from the UK and instead remain. Non-removal can occur for any number of reasons, but most commonly it is because many countries have inadequate return procedures and it is complicated to ensure that people will be returned home safely. A common example of why people may remain in the UK is that the Home Office is frequently unable to obtain the travel documents that would allow a failed asylum-seeker to return to his country of origin. ^[10]

UN recommendations

The UN Committee on the Rights of the Child, which the UK works to abide by, states that ‘the appointment of a competent guardian as expeditiously as possible, serves a key procedural safeguard to ensure respect for the best interests of an unaccompanied or separated child.’^[13] A guardianship programme has recently completed its second year of a pilot in Scotland. ^[14] Though still small in scale, the programme has thus far been received fairly positively by the agencies that it interacts with. The Scottish Guardianship Service currently plans to continue offering guidance from guardians to former separated children over the age of eighteen.^[15]

Agencies

Although there are many agencies that work with unaccompanied asylum-seeking children, these are a few of the agencies that most frequently receive referrals.

Asylum Aid

Asylum Aid provides legal representation and other legal services to people in the UK seeking asylum. This includes both children arriving with their parents and children who arrive as unaccompanied minors.^[16]

Coram Children's Legal Centre

Coram Children's Legal Centre provides an advice helpline for all migrant, asylum-seeking, and refugee youth. They also provide legal references for youth and training for non-immigration specialist professionals who are working with unaccompanied asylum-seeking children.^[17]

Children and Families Across Borders (CFAB)

CFAB works primarily to advise social workers on the options available for unaccompanied asylum-seeking children. CFAB also undertakes independent risk assessments in order to assess the risk factors for an UASC who may be considering return to his or her country of origin. The agency additionally works to locate the family members of UASC to try to facilitate reunions.^[18]

The Children's Society

The Children's Society has many programs that help refugee and asylum-seeking youth both in London, where many refugees are concentrated, and throughout the UK. ^[19] Blackburn Young Refugees provides mental and emotional support services to young refugees and asylum seekers in Blackburn. ^[20] New Londoners works in several capacities with unaccompanied asylum-seeking children. The program as a whole serves as an advocacy and support group for young asylum seekers, while its Supported Option Project provides advocacy and legal support specifically to UASC who have problems with their immigration status. New Londoners also operates a Destitution Project for young asylum seekers at risk of destitution or who are already destitute.^[21]The West Midlands Refugee Programme provides mentorship to unaccompanied asylum-seeking children in Birmingham and Coventry, as well as housing a destitution project.^[22]

Scottish Guardianship Service

As referenced above, the Scottish Guardianship Service has been piloting a system of guardianship in Scotland. The service is currently confined to Scotland, and is provided to every unaccompanied asylum-seeking child who is newly arrived to Scotland.^[14] The role of a guardian in the program is to serve as a link between the many services that UASC receive, to help the youth understand the roles of the services and the intricacies of the immigration system, and to advocate on behalf of the child.^[14]

Refugee Council

The Refugee Council's Children's Section part of the Asylum Support Partnership is a nationally operating service that works both directly with unaccompanied asylum-seeking children and with those providing support, serving about 1,000 UASC each year.^[23] Its Panel Advice Service helps these young people through the asylum seeking by providing direct advice, as well as working in conjunction with social workers who are assigned to work with the UASC.^[24] The Children's Section also organizes educational classes, including English classes, and social activities in its office in Croydon.^[25]

See also

• Political asylum#United_Kingdom
• Refugee
• Transnational child protection

References