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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

Directives

Council Directive 2004/83/EC, of 29 April 2004, on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

Sets out how applicants can qualify for refugee or subsidiary status, including definitions, exclusions, and rights to travel, employment, education etc.

This directive was transposed into UK law on 9th October 2006 by the introduction of ‘The Refugee or Person in Need of International Protection (Qualification) Regulations 2006’ and new paragraphs of the Immigration Rules.

Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers OJ 6.2.2003 L 31/18

Prescribes minimum standards as to support, accommodation, health care etc. of asylum seekers whose applications are being considered by Member States. Includes the provision that a Member State should give an asylum seeker permission to work if it has taken more than a year to get a decision on their asylum application( not including appeals). May be relevant for young unaccompanied minor asylum seekers who have not had a decision while under 18. Member States to comply with it by 6th February 2005.

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof OJ 2001 L 212/12

The directive includes specific obligations for Member States in relation to families and unaccompanied minors.

Agreed text of Council Directive on Minimum Standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection. 8043/04, 27.4.04 [final text of Directive as agreed by Council - not yet published in the Official Journal]

Gives a definition of 'refugee' which all Member States should apply. The proposed definition includes people persecuted by non-state agents. Some states (including Germany) do not recognise persecution unless it is carried out by the state or an agent of the state. Consensus on the definition has been difficult to achieve. UNHCR has criticised the definition because it does not require a Member State to consider applications from nationals of other EU states. 'Subsidiary protection' is also defined as protection on human rights etc grounds. See Refugee Council briefing of March 2004 www.refugeecouncil.org.uk. Article 30 of the directive outlines Member State obligations towards unaccompanied minors.

Proposal for a Council Directive on Minimum Standards on Procedures in Member States for granting and withdrawing refugee status. COM(2000) 578 final. Agreed text [8771/04, 30.4.04]. Final agreement cannot be reached until after the European Parliamentary elections in June 2004.

Lays down minimum standard for access to a fair decision making process when asylum applications are made in a Member State. Not yet finalised.