Young Unaccompanied Asylum Seekers and Interviews
In the UK, unaccompanied minors are required to make a claim for asylum on arrival and are screened, fingerprinted and photographed.
Child asylum seekers should not be interviewed, even for screening purposes, unless a responsible, trusted adult is present. In any other part of the legal system, a curator ad litem or safeguarder would be appointed to assist the child in the process. However, in the UK, unaccompanied minors are required to make a claim for asylum on arrival and are screened, fingerprinted and photographed. UK Immigration Service best 'practice' tells screening unit staff that until such time as a sponsor or other responsible person takes responsibility, the Immigration and Nationality Directorate owes a de facto duty of care to that minor. In England, the Refugee Council's Panel of Advisors for Unaccompanied Minor Asylum Seekers provides people who will act as the child's advocate and act as the child's responsible adult, but it is not available in Scotland yet. However, from April 2005, the EC Directive on reception conditions for asylum seekers will require the UK to ensure that young unaccompanied asylum seekers have a responsible adult allocated to them.
UNHCR Guidelines for the consideration of unaccompanied minors´ asylum claims.
Changes to the Immigration rules with effect from 18th September 2002 mean that child asylum seekers can be interviewed about their asylum claims. A pilot project interviewing children aged 12 and over was launched in the last quarter of 2003. All children aged 12 and over are now normally interviewed about their asylum claim. The Home Office has an ongoing programme of training for immigration officers who are going to conduct these interviews and children should only be interviewed by specially trained case owners. It is Home Office policy that a decision to interview an unaccompanied minor should only be taken by a senior officer. However, from April 2005, the EC Directive on reception conditions for asylum seekers will require the UK to ensure that young unaccompanied asylum seekers have a responsible adult allocated to them. ILPA Best practice guidelines for working with children and young people suggests that an interview should not take place until at least 14 days after a responsible adult has been allocated to a child.
A change in policy which came into effect on 23rd July 2002 states that children who turn 18 before their asylum claim is determined can be interviewed in the same manner as adult applicants.
Under the New Asylum Model unaccompanied are most likely to be interviewed by day 25 after lodging their claim. The application should not be refused on non-compliance if the child fails to attend the interview because of the particular vulnerability of children who may not fully understand the asylum process. An alternative interview date should be set if the child fails to attend the interview.
A legal representative should be present at the interview, however he/she cannot take the role of a responsible adult.
Interviews should take place in the child's first language and an interpreter should be arranged by the Home Office. The interpreter should ideally be trained in working with and interpreting for children. The interpreter cannot take the role of a responsible adult.
The Interviewing Officer should ensure the interview is conducted in a manner that maintains the wellbeing and welfare of the child. ILPA Best practice guidelines for working with children and young people suggests the duration of an interview should not last more than 30 minutes for young children and for older children not more than one and half hour. Should the need arise for a child to be interviewed for longer than the suggested times, he/she should be offered a break appropriately.
The purpose of a substantive interview is an opportunity for the basis for the child's claim to be established and for any further background information to be provided prior to a decision being made. In preparing for the interview, the legal representative and the responsible adult should ensure the child understands the purpose of the interview.
Link to the Home Office policy on processing asylum claims from children and dealing with the interview process can be found at: