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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

One Stop Notice and Statement of Additional Grounds

A 'one stop notice' is issued with the SEF which requires the applicant to complete a 'statement of additional grounds' within 10 working days, setting out all the human rights claims they have which could result in the grant of asylum, humanitarian protection or discretionary leave. A human rights claim may be based on any Article in the European Convention on Human Rights, as this has now been incorporated into UK law by the Human Rights Act 1998, but in order to prevail over the legitimate aims of immigration control or public safety, the breach of human rights which could result from removal would have to be flagrant. See 'Not only Article 3? – The possible engagement of Articles other than Article 3 of ECHR within the Immigration Process' by Rebecca M.M Wallace, Scottish Human Rights Journal, Greens, September 2004. The ECHR Articles most commonly invoked are Article 3 (the prohibition on torture or inhuman or degrading treatment) and Article 8. The One Stop Notice and Statement of Additional grounds may also be served with the notice of decision in the case of refusal of asylum.