New report looks at what happens to children who are unsuccessful in their asylum claims and calls for fundamental change in the asylum system
A new report by the Office of the Children's Commissioner says some unaccompanied children seeking asylum in the UK face a struggle to get their voices heard.
The report - "What's going to happen tomorrow?": Unaccompanied children refused asylum - is available to read in full here.
The primary focus of the research for the report was on young people who had been unsuccessful in their asylum claims and who were now young adults. These young people, says the report, are expected to leave the UK and return to their countries of origin. Their experiences feature throughout the report.
The report examines the arrangements for helping an unaccompanied child put a case before a decision-maker, and looks at what happens if that case is rejected. The Office of the Children's Commissioner says the report shows the uncertainty these young people face as their stay in the UK progresses, causing them stress and anxiety.
The report recommends that unaccompanied children seeking asylum should be provided greater stability whilst in education or training, making them better equipped to establish themselves when they are then made to leave the UK.
The Independent highlighted that the report calls for "fundamental change" and argues unsuccessful young asylum seekers should be supported until they finish their studies in the UK rather than being automatically deported at 18.
Matthew Reed, chief executive of The Children's Society, is quoted as saying: "This report shines a much needed spotlight on the fact that the government is failing to protect young asylum seekers, who fled their countries alone as children, from abuse and exploitation. By denying them support after they turn 18, the Government is forcing many of these young people into destitution. Many are being left homeless, without money, food or access to medical care. This is unacceptable and puts their health and well-being at risk."
The Office of the Children's Commissioner highlights the following key points from the report:
• There is an unresolved conflict between the UK's leaving care and immigration legislation. The grant from the Home Office that supports these young people beyond the age of 18 is withdrawn once permission to stay is finally refused, leaving local authorities to foot the bill for any further care and support they provide. This applies even where the Home Office accepts that there are barriers to the young person's removal
• Once final permission to remain in the UK is refused they enter a limbo state. They cannot be returned home, yet they cannot gain legal employment or claim benefits. Too many of them fall into destitution, illegal work or possibly crime, costing the UK more than they should, and yet unable to return home even after their claims have been refused
• Changes to the provision of legal aid for lawyers supporting their cases make it hard for those lawyers to act in the best interests of the child
• Although European law places a duty on states to secure legal representation for unaccompanied children, the report finds that in practice, no single UK agency owns the duty to ensure this happens
• Loss of any further legal basis to stay means the young person concerned having to report to an immigration office. When they do so some are detained pending their removal. This situation creates anxiety ahead of these visits. For some young people this becomes a trigger to disengage with all services, and to go underground, becoming invisible to the services that could protect them, as well as to the agencies that would like to see them removed once doing so is confirmed as a safe option. Tracing and working with them when this happens also costs money
• Some young people involved in this study, who had achieved well in school in England, were illiterate in their mother tongue meaning that opportunities would be limited back home. This would be compounded if they were deported in the middle of their studies and without adequate preparation for return.
JA (Afghanistan): "significant advance" in child rights on asylum
Meanwhile, the judgment JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450 handed down yesterday has been hailed as a significant advance in the protection of child rights on asylum.
EIN members can read the judgment here.
No5 Chambers says that the Court of Appeal allowed the appeal of a former Afghan child asylum seeker.
The Court extended the principle of fairness at common law and called for more open mindedness and greater tolerance of argument addressed to child rights.
No5 Chambers says that in future the tribunal must show greater willingness to test child claims for asylum according to independent evidence, and it is hoped this will lead to the digital recording of screening interviews.