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Asylum Procedure

Part 1: Introduction to Asylum Law

Immigration Law Asylum Law

Part 2: Introduction to Asylum Procedure

Applying for Asylum Port Applicants In-country Applicants Safe Third Countries Safe Countries of Origin The Decision-making Process Statement of Evidence Form Unaccompanied Minors and SEFS One Stop Notice and Statement of Additional Grounds Interviews Young Unaccompanied Asylum Seekers and Interviews Age Disputes Detention of Unaccompanied Minors The Decision Decision-making and Children Persecution of Children If the Claim is Successful If the Claim is Refused Where there is No In-Country Right of Appeal Child Applicants and Non-Suspensive Appeals The Adjudicator/Immigration Judge The Asylum and Immigration Tribunal Interpreters and Translators Judicial review Non-removal of Unaccompanied Minors

Section 1: Support from National Asylum Support Service

Applications to National Asylum Support Service Dispersal Unaccompanied Minors Not Normally Dispersed Asylum Seeker Families Destitute Adult Asylum Seekers Late Claims For Asylum NIAA 2002 Section 55 Challenges to Section 55 NASS Guidance on Late Claims Late Asylum Claims From Families and Unaccompanied Children Failed Asylum Seeker Families Failed Asylum seekers Without Children IAA 1999/Section4/Hard Cases Support 2004 Act Changes to Hard Cases Support Appeals: the Asylum Support Adjudicators Destitution – The Position For Unaccompanied Minors

Section 2: Local Authority Support

Support for People who Claimed Asylum Before 3 April 2000 Are Post-April 2000 Asylum Seekers Entitled to Local Authority Support? Needs Arising Solely Because of Destitution or its Physical Effects Needs Arising Otherwise than Solely Because of Destitution SWSA Section 12A Consequences of the NASS Duty to Destitute Asylum Seeker Families Local Authority Duties to Unaccompanied Minors What Happens When a Young Unaccompanied Asylum Seeker Turns 18? The Hillingdon Case in Scotland Summary of Local Authority Duties Destitution – The Position for Unaccompanied Minors

Status, Rights & Issues

What is an Asylum Seeker? Families What are Unaccompanied Minors or Separated children ? Unaccompanied Minor Asylum Seekers Rights to Stay Overseas Travel Travel Documents Family Reunion Healthcare Marriage Work Housing Homelessness Education Detention Legal Aid Forms of Leave to Remain in the UK Leave to Remain on Human Rights Grounds Adoption Fostering Female Genital Mutilation Asylum and Immigration Implications for HIV/AIDS Diagnosis Mental Health Issues Destitution Minors

Legislative Framework

Relevant Provisions of the Children (Scotland) Act 1995, and their Interface with Immigration and Asylum Provisions Selected International Materials European Union Materials Regulations Directives Soft Law Measures Some UK Statutes on Immigration and Asylum Secondary Legislation Procedure Rules Statutory Instruments Soft Law Relevant Social Work Legislation

Applying for Asylum

Applications for asylum can be made at the port of entry into the UK, or in person at the Immigration and Nationality Directorate, which is part of the Home Office. The Glasgow office will deal with some applications, including applications by separated children, and families with young children but other applications have to be made in Croydon or Liverpool. It is no longer possible to make a claim for asylum by submitting a postal application. The Scottish Refugee Council produced a briefing on making applications for asylum.

After the claim is lodged, a screening interview will be conducted. Screening of port applicants happens on arrival. In-country applicants in Scotland are invited to attend a screening interview in Liverpool. The One Stop Shop at the Scottish Refugee Council can assist applicants with costs involved in travelling to Liverpool for the screening interview. Only families with children or applicants who are not fit to travel with be screened at the Scottish Enforcement Unit, Festival Court, 200 Brand Street, Glasgow.

Basic details of the claim will be taken, including date of birth, nationality etc, and initial screening details in relation to journey and basis of claim will be recorded. Some asylum seekers still have old documentation known as a SAL (Standard acknowledgement letter). The new procedure is that the asylum seeker and his/her dependants will be photographed and fingerprinted, and issued with an ARC (Application Registration Card). They will usually be given Temporary admission and conditions requiring them to live at a certain address and report at certain times to an immigration office or a police station are usually imposed. Temporary admission is not leave to enter the country for immigration purposes; it is just temporary permission to be in the UK while the asylum application is processed. If the asylum seeker does not comply with the conditions as to residence and reporting, s/he could be detained.

As of the 5th March 2007 all new asylum applications are being processed under the Government’s strategy of ‘Controlling our borders: making migration work for Britain’ aiming to process all asylum applications within a period of six months. Caseowners are being appointed to deal with the main issues of the case including the interview, decision, appeal process, support issues, re-documentation, integration or voluntary or enforced removal. The case owner will also deal with any reporting conditions imposed and issues of non-compliance and if appropriate termination of asylum support. He/She will be the single point of contact for the applicant’s legal representative, other advisers or external agencies.

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