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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

NASS Guidance on Late Claims

In June 2004, the Home Office issued new guidance to NASS staff stating asylum applicants may still receive support if failure to providing support would result in a breach of their human rights. The current guidance states:

“ even when an asylum applicant has not satisfied the Secretary of State that he applied for asylum as soon as reasonably practicable after arrival in the UK, the Secretary of State should consider whether it is necessary to provide support in order to avoid a breach of Convention rights. (Policy Bulletin 75 (para 3.6, version 7.0, 16 July 2007).”

In assessing whether support should be provided under section 55(5)(a), consideration should be given to whether the asylum applicant has no alternative means of supporting including adequate night shelter and other basic provisions such as food and sanitary facilities. Where these basic requirements are not available to the asylum applicant, support should be provided under section 55(5)(a) to avoid breaching the applicants basic human rights as protected by Article 3.

Late Asylum claims from families and unaccompanied children

Claimants with minor dependants cannot be denied NASS support on the basis of a late claim (Nationality Immigration and Asylum Act 2002 s 55 (5) (c)). Unaccompanied minor asylum seekers are the responsibility of the local authority, not NASS (link to section below), so their entitlement to support should not be affected if they apply for asylum after entry. NASS support should continue while the family pursues their asylum application and any appeal against refusal.

Home Office policy and guidance in dealing with Section 55 decisions can be found at

http://www.ind.homeoffice.gov.uk/documents/accesstosupport/pb75?view=Binary

NASS support may be terminated earlier because of breaches of conditions of NASS support, e.g. where an asylum seeker is found to be in employment or is suspected of being in employment as a result of newly acquired expensive items. These decisions can be appealed to the Asylum Support Adjudicators. See section below: Appeals: The Asylum Support Adjudicators.

In the meantime, local authority assistance should be made available in the short term until support is renewed.