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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

Age Disputes

Some people do not know their date of birth. Others attempt to conceal their age. An attempt to conceal one's age is an issue because it is regarded as an indication of the overall credibility of the individual. Age disputes are also an issue because young asylum seekers are not covered by the NASS support scheme and are not usually dispersed. They are supported and accommodated by the local authority. Home Office policy on age disputes is that in the absence of any documentary evidence it falls to immigration officers to make a judgment as to the age of the applicant.

Where the applicant had claimed to be an adult, but then later claims to be a minor, the burden rests on the applicant to prove he is a minor through the production of credible and conclusive medical evidence. Where the applicant claims to be a minor, but his appearance suggest otherwise (e.g. height, facial features such as skin condition and markings, general demeanour and use of language), the applicant will be treated as an adult until credible documentary evidence is produced to demonstrate the age claimed. Immigration staff are meant to seek the assistance of social work staff in age dispute cases.

Following the Merton judgement in the High Court on 14 th July 2003, the Home Office will accept local authority age assessment as evidence of age if it is satisfied that it has been conducted following the guidance issued which normally includes a face to face meeting with the applicant, consideration of their general background and adhering to strict standards of fairness and transparency.

Since the Asylum Policy Instructions make it clear that age determination by medical experts is an inexact science, with a margin of error of up to five years, it is difficult to see what medical evidence decision makers are meant to rely on in age dispute cases. The Separated Children In Europe Programme guidance on age disputes says inter alia that children claiming to be under 18 should always be given the benefit of the doubt .