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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

The Hillingdon Case in Scotland

These provisions of the Children Leaving Care Act 2000 do not apply in Scotland. Here the relevant provision would be s 29 of the Children (Scotland) Act 1995, which sets out the responsibilities to young people who leave care after they reach the school leaving age.

Under s 29(1) there is a duty - unless the local authority is satisfied that the young person’s welfare does not require it - to advise, guide and assist those under 19. Under s 29(2) there is a power to provide advice, guidance and assistance to young people between 19 and 21 who apply to the local authority, unless the authority is satisfied that the young person’s welfare does not require it. Local authority assistance may include assistance in kind or in cash. These provisions have been strengthened by the Regulation of Care (Scotland) Act 2001 s 73 which amends s 29 to include a duty on local authorities to:

• carry out an assessment of the needs of young people leaving care who they have a duty or power to advise, guide or assist under s 29;
• establish a procedure for considering representations, including complaints, made to them about the discharge of their functions under s 29.

The Support and Assistance for Young People Leaving Care (Scotland) Regulations 2003 (SSI 2003/608) set out how local authorities are to provide the assistance described in Children (Scotland) Act 1995 s 29.

The provisions in the Children (Scotland) Act 1995 s 29 are similar to the provisions in the Children Leaving Care Act 2000. So unaccompanied minors in Scotland should expect similar levels of assistance to those provided in the Hillingdon case.

See also the Report of the Scottish Executive's Working Group on the Through care and Aftercare of Looked After Children in Scotland.