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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

Interviews

Link to Home Office policy on conducting asylum interviews can be found at: http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/
asylumprocessguidance/theasyluminterview/guidance/conductingtheasyluminterview.pdf?view=Binary

Under the New Asylum Model Case owners will be responsible for conducting interviews. Currently, a legal representative is entitled to be at the interview, but it can be difficult to persuade the legal aid authorities to fund attendance. The interview is the opportunity for the applicant to provide details with respect to their claim and or add if a SEF and or other evidence in support of a claim has been provided previously. Only the principal appellant should be interviewed about the substantive claim, however dependents may be interviewed if it is felt that they may be able to provide details relevant to the account of the main appellant.

If any problems arise with interpretation at interview, this needs to be raised with the Home Office as soon as possible, and at the latest within five days of the interview. An independent interpreter can also attend the interview on behalf of the applicant if instructed by the legal representative. Legal representatives and interpreters cannot interrupt the interview but can comment at the end. Following the decision of Dirshe in the Court of Appeal, where an applicant’s legal representative is unable to accompany the applicant to the interview due to lack of funding, the applicant may request the Home Office to record the interview using suitable electronic recording system.

The interview should be conducted in accordance with Interviewing Protocol and particular care should be taken to interview victims of torture and or gender related issues.