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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

Some UK Statutes on Immigration and Asylum

Immigration Act 1971 (1971 c.77)

The main statutory source of modern immigration law, setting out provisions for right of abode, leave to enter etc. Secondary legislation relevant to immigration is often made under the authority of this Act . It also contains enforcement procedures, and details of immigration related offences, including helping an asylum seeker to enter the UK, and carrier sanctions. It has been amended substantially by subsequent legislation. Copies can be found in Oxford University Press Immigration Law Handbook, M.Phelan and J.Gillespie, eds, 3rd Edition 2003, ISBN 0 19 926459 7, or in Butterworths online Immigration and Asylum service.

Race Relations Act 1976 (1976 c.74)

This has been amended by the Race Relations (Amendment) Act 2000 which was meant to address institutional racism as defined in the Macpherson report on the inquiry into the death of Stephen Lawrence. The UK Government can institute exceptions for immigration and asylum: EHRC www.equalityhumanrights.com

British Nationality Act 1981 (1981 c.61)

Contains the main provisions about British Nationality. Has been substantially amended , for example by the NIAA 2002 and by the Criminal Justice Act 2003.

Immigration Act 1988 (1988 c.14)

Contains inter alia provisions about right of abode in the UK, now amended by the NIAA 2002

Asylum and Immigration Appeals Act 1993

Asylum and Immigration Act 1996

Removed social security entitlement from those who claim asylum 'in-country'.

Special Immigration Appeals Commission Act 1997 (1997 c.68)

Established the Special Immigration Appeals Commission to deal with immigration appeals involving national security issues.

Human Rights Act 1998

Requires courts to interpret legislation in a way that is compatible with human rights; unlawful for public authorities (including courts) to act in a way that is incompatible with human rights; where legislation breaches human rights, some courts can issue a declaration of incompatibility; when new legislation is proposed, Minister has to declare if it will be compatible with human rights. There are set procedures for making human rights claims in immigration and asylum cases under IAA 1999 and NIAA 2002. There is no human right to immigration as such in ECHR, so the question of how ECHR applies in immigration and asylum cases is complex. The leading asylum cases deal with inhuman and degrading treatment and severe breaches of the right to family and private life. For a detailed examination of the potential for using human rights arguments in the interpretation of asylum and immigration provisions see Immigration, Asylum and Human Rights, Blake and Husain, Oxford University Press 2003, ISBN 1 84174 140 X.

Immigration and Asylum Act 1999 (c.33) (IAA 1999)

Introduces one stop notices and new appeal provisions including human rights appeals; sets up National Asylum Support Service and removes asylum seekers' (and others') entitlement to various forms of welfare and support; deals also with carriers liability, detention centres and immigration matters such as provisions on reporting of sham marriages; amends other legislation etc.

Anti Terrorism Crime and Security Act 2001 (c.24)

Gives further jurisdiction to the Special Immigration Appeals Commission; contains provisions for dealing with 'suspected international terrorists' including detention, appeals and certificates re disapplication of the Refugee Convention in certain cases

British Overseas Territories Act 2002 (c.8)

Provides for most British Overseas Territories Citizens to become full British Citizens

Nationality Immigration and Asylum Act 2002 (c.41) (NIAA 2002)

Contains provisions on immigration and citizenship. See 'Asylum - a Guide to Recent legislation' by Coker, Farbey, Finch and Stanley, published Immigration Law Practitioners Association and Resource Information Service, Jan 2004, ISBN 1871089 70 0. NIAA 2002 Makes changes to the NASS system including s 55 restrictions on support for in country asylum applicants; amends IAA 1999; see briefing on Children (Scotland) Act 1995, briefing on support; briefing on process.

Immigration and Asylum (Treatment of Claimants) Act 2004

This now supersedes the 2002 Act. Further information regarding this Act is contained within the Asylum Procedure and Status & Rights section of this website.