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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

Statutory Instruments

The Asylum Support Regulations 2000 (SI 2000/704)

The detailed rules about applications for support, determining who is destitute etc. Defines who is destitute for the purposes of the Social Work (Scotland) Act 1968 ss 12(2A), 13A(4) and 13B(3) and the Mental Health (Scotland) Act 1984 ss7(3) and 8(4).

The Asylum Support (Amendment) Regulations 2002 (SI 2002/472)

Amends the support rules above. For further updates on these regulations please see: www.asylumsupport.org.uk.

The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (SI 2000/704)

Changes to social welfare provisions under the IAA 1999.

The Immigration (Eligibility for Assistance) (Scotland and Northern Ireland) Regulations 2000 (SI 2000/705)

Preserves right to get certain social welfare benefits for people in Scotland and Northern Ireland who claimed asylum before 2 April 2000.

The Council Tax (Liability of owners) (Amendment) (Scotland) Regulations 2000 (SI 2000/715)

The Immigration (Removal Directions) Regulations 2000 (SI 2000/2243)

The details of removal directions under the IAA 1999.

The Immigration and Asylum Appeals (One-Stop Procedure) Regulations 2000 (SI 2000/2244)

Rules about notices making human rights claims under the IAA 1999.

The Asylum (Designated Safe Third Countries) Order 2000 (SI 2000/2243)

Rights of appeal have been removed for people from designated third countries. NB This list has been added to by the NIAA 2002.

The Asylum (Designated Safe Third Countries) Order 2000 (SI 2000/2243)

Rights of appeal have been removed for people from designated third countries. NB This list has been added to by the NIAA 2002.

The Human Rights Act 1998 (Designated Derogation) Order 2000 (SI 2001/3644)

The derogation from Article 5 ECHR (liberty) for Anti Terrorism Crime and Security Act 2001 cases.

The Immigration (Notices) Regulations (SI 2003/658)

Rules about what immigration notices must contain, e.g information about appeal rights.

The Nationality Immigration and Asylum Act 2002 (Commencement No.4) Order 2003 (SI 2003/754)

The NIAA 2002 amended other legislation and came into force over time. This sets out part of that process.

‘The British Nationality (Proof of Paternity) Regulations’ 2006 (SI 2006/1496) Amends the rules relating to unmarried fathers and their ability to pass on their nationality to their children – now these fathers can pass on their nationality. (http://www.opsi.gov.uk/si/si2006/20061496.htm)

The Refugee or Person in Need of International Protection (Qualification) Regulations 2006

These regulations reinforce the terms of the Refugee Convention 1951, and set out definitions of persecution, actors of persecution, actors of protection, reasons for persecution, and exclusions from qualification.

These regulations transposed into UK parts of Council Directive 2004/83/EC relating to the 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.