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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

Legal Aid

Advice and Assistance

In Scotland, legal aid is available in the form of legal advice and assistance to cover immigration and asylum law. Advice and assistance covers work done by a Scottish solicitor in his or her office, including meetings, correspondence, instructing reports etc. Legal aid is also available in the Asylum & Immigration Tribunal, under the Assistance by way of Representation (ABWOR) rules, the solicitor can sign a person up for legal advice and assistance as long as they qualify on financial grounds, but the solicitor has to get permission from the Scottish Legal Aid Board (SLAB) to incur any expenditure after the first £95/£180. Currently there is legal aid for a solicitor to accompany a child to a screening interview (when initial details of the claim are taken). Legal aid would not be available to accompany an adult to a screening interview. If you have an individual query about any matter covered in this website, you must get individual advice. Your attention is drawn to the disclaimer above.

'Full' Civil Legal Aid

If the case goes on from the Immigration Appellate Authority (or the Asylum and Immigration Tribunal) to the Court of Session or House of Lords , then 'full' civil legal aid can be applied for, subject to a 'merits' test and a more detailed assessment of means. The SLAB Website explains entitlement to the various forms of legal aid in more detail, and a list of the solicitors who can offer legal aid services.

Can a Child Instruct a Solicitor?

The rules relating to when a child can instruct a solicitor are laid out in the ‘Age of Legal Capacity (Scotland) Act’ 1991. This can be accessed through the following link: http://www.opsi.gov.uk/ACTS/acts1991/Ukpga_19910050_en_1.htm. In Scotland, you are assumed to be old enough at 12 to have your own solicitor. Some solicitors will accept instructions from children younger than 12. Others think that 12 year olds are still too young to instruct a solicitor. It is up to the solicitor to decide whether or not to take on a client.

Immigration and Asylum Solicitors

Asylum in Scotland, the Scottish Refugee Council and the Law Society of Scotland have lists of solicitors who do immigration and asylum law (www.scottishrefugeecouncil.org.uk, www.lawscot.org.uk ).

The Scottish Child Law Centre has a list of solicitors who do child law, and the Law Society of Scotland accredits specialists in child law. The Immigration Law Practitioners Association also has lists of its members who are solicitors http://www.ilpa.org.uk/directory.

Immigration Advisers

Under the Immigration and Asylum Act 1999 Part V it is an offence to provide immigration advice or provide immigration services unless you are registered with the Office of the Immigration Commissioners (OISC) or are an immigration solicitor. The Law Society has a list of immigration solicitors. The Scottish Refugee Council issued a report in July 2004 about legal advice for asylum seekers in Scotland. They can be contacted at www.scottishrefugeecouncil.org.uk. The OISC has a list of registered immigration advisers (www.oisc.gov.uk).