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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

Selected International Materials

Contains the definition of a refugee as someone with a well founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion; provisions on welfare, employment and status of refugees.

United Nations Convention Relating to the Status of Refugees 1951

United Nations Protocol Relating to the Status of Refugees 1967

Complements the 1951 Convention as it removes the temporal restriction on refugees, i.e. not just World War 2 refugees, but also refugees from later conflicts.

United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for determining Refugee Status. Also contains guidance on how to deal with an application for refugee status, including how to interpret the definition and groups who are excluded from it because of their criminal activity etc. contains provisions on family unity.

UK Government Reservation to the 1951 Convention

The UK´s reservations include retaining the right to take certain action in times of war, national emergency or for national security reasons.

UNHCR Handbook for the Protection of Women & Girls sets the Guidelines for dealing with women refugees and for gender related persecution

http://www.unhcr.org.uk/legal/positions/UNHCR%20Comments/comments_clause2_2004Act.htm sets the policy and procedural Guidelines for States dealing with applications from unaccompanied and separated children.

Convention relating to Status of Stateless Persons 1954

International Covenant on Civil and Political Rights 1966

The UK has ratified this Covenant, but not its optional protocol, which confers on individuals the right to communicate individual complaints.

UN Convention against Torture

United Nations Convention on the Rights of the Child

The best interests of the child to be a primary consideration in all public actions (Article 3); Child to be given opportunity to be heard in judicial and administrative proceedings (Article 12); Protection from unlawful interference with privacy, family etc. ( Article 16); protection from abuse or neglect by parents or carers; Appropriate protection and humanitarian assistance to be given to a child seeking refugee status, whether alone or with parents; assistance to be given regarding family reunion (Article 22). Children (Scotland) Act 1995 was enacted in part to incorporate some elements of the Convention into Scots law. The European Court of Human Rights has referred to it as a common standard amongst member nations of the Council of Europe.

UK Government Reservation to the Convention on the Rights of the Child

Reserves to the UK the right to apply 'such legislation, in so far as it relates to the entry into, stay in and departure from the UK of those who do not have the right under the law of the UK to enter and remain in the UK and to the acquisition and possession of citizenship as it may deem necessary from time to time'. This reservation has been given a broad meaning by some courts who have found that any measure of immigration control is unaffected by the Convention on the Rights of the Child. Others argue that the reservation should be narrowly construed because the best interests of the child principle can be compatible with a firm immigration law, and that the reservation is unnecessary.

European Convention for the protection of Human Rights and Fundamental Freedoms 1950

Individuals in the UK have had the right to petition the European Court of Human Rights since the 1960s. The Human Rights Act 1998 requires courts to interpret legislation so far as possible in accordance with the ECHR rights, requires public authorities not to breach human rights so far as is possible and allows the court to make declarations of incompatibility etc. Asylum seekers have to complete 'one stop notices' in accordance with set procedures for disclosing human rights grounds for remaining in the UK. Procedures are contained the Immigration and Asylum Act 1999, the Nationality Immigration and Asylum Act 2002 and in statutory instruments. Humanitarian protection and discretionary leave are the 'Human Rights' categories of leave. The Scotland Act 1998 says that Acts of the Scottish Parliament which breach human rights are 'not law' and actions of the Scottish Executive which breach human rights are ultra vires.

Convention Determining the State Responsible for Examining Applications for Asylum lodged in One of the Member States of the European Communities (Dublin Convention)

Convention determining the state responsible for examining asylum applications lodged in the European Communities. Intended to ensure that applications for asylum are considered once only in the Member States of the European Union. Has led to various problems including the fact that different states have interpreted the Refugee Convention in different ways. In particular, France and Germany have followed an interpretation of the term that tends to exclude persecution by non-state agents. Now superseded by the Dublin II Regulations (see Regulations section).