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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

Support for People who Claimed Asylum Before April 3rd 2000

Entitlement to support varies according to when an asylum seeker arrived in the UK and made his/her claim for asylum, as well as according to what stage their asylum application has reached. Until 1996, asylum seekers could claim social security benefits such as income support on the same basis as any other UK resident.

In February 1996, regulations were introduced which removed entitlement to social security benefits from people who claimed asylum 'in-country', and not on arrival 'at port'. These regulations were declared unlawful in the case R v Secretary of State for Social Security ex p JCWI [1997] 1 WLR 275, when Simon Brown LJ considered that the regulations 'necessarily contemplated for some a life so destitute that to my mind no civilised nation could tolerate it'.

The Government responded by re-introducing the measures as part of the Asylum and Immigration Act 1996, except for unaccompanied minors, who still remain the responsibility of the local authorities under childcare legislation .

Having been denied social security benefits, asylum seekers in Scotland who had claimed asylum 'in-country' turned to local authorities for assistance under the Social Work (Scotland) Act 1968 and the Children (Scotland) Act 1995. The Convention of Scottish Local Authorities and the Social Work Services Group of the Scottish Office published guidance for local authorities in Scotland on the payment of grants and assistance to asylum seekers. Prior to April 2000, s 12 payments were the way most asylum seekers were supported, and some are still entitled to receive payment under these provisions. They are entitled to support until they leave the UK.

The NASS system applies to asylum seekers who claimed asylum after April 2000.

NASS have recently issued new guidelines relating to those currently supported by social work services. By December 2005, NASS aims to have taken over responsibility for supporting these cases. After December 2005, therefore, asylum seekers will no longer be able to look to their local authority for support in this way.

As part of the transition process NASS are assessing all of the cases currently supported by social services, and deciding whether they do or do not qualify for NASS support. This is determined by the stage of the case and other factors. NASS support will therefore only be provided to those applicants whose cases are deemed by NASS to be still active. It is by no means a straightforward automatic swap from local authority support to NASS and this may therefore leave some asylum-seekers without support if their case has past a certain stage. Advice should be sought on this point if in doubt.