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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

Consequences of the NASS Duty to Destitute Asylum Seeker Families

The position can get confused where NASS duties and local authority duties appear to overlap. In one case, the court held that the duty on NASS to assist destitute families with children displaced the local authority's duties:

R (on the application of A and an’r) v NASS [2004] 1 All ER 15. An asylum seeker family consisted of two disabled children and an able-bodied parent. The Court of Appeal held that the duty to provide adequate accommodation for the whole family fell on NASS under the IAA 1999 s 122, and that when NASS had a duty to provide support under s 122, the proper construction of the section was that the duties of the local authority were excluded.

However, in a case that was the mirror image of this one, about a disabled adult and able-bodied children, the court reached the opposite conclusion. It held that local authorities still have duties towards adults who have needs arising otherwise than because of destitution, such as needs triggering a duty under community care legislation.

In 'O' v London Borough of Haringey [2004] EWCA Civ 535 an adult asylum seeker had community care needs and was also a parent. She was HIV positive and had health needs which meant that Haringey Council had a duty to provide for her under the National Assistance Act 1948 (the English equivalent of Social Work (Scotland) Act 1968).

The English Court of Appeal held that, because of the duty placed on NASS to support children, NASS still had a role. This meant that the duty to support the children fell on NASS and the duty to support the mother fell on Haringey Council As a result, the family got some assistance from the Council (to meet the mother's needs) and some from NASS (to meet the children's needs). Link to judgement details.