Disputes over age have very significant implications both for the way in which an individual’s asylum application is dealt with and for that individual’s abilityto access services and support ( including housing, educations and welfare) and to be protected from abuse by others.
IND policy in relation to age disputed case states that ‘a claimant must be given the benefit of the doubt with regards to their age unless their physical appearance strongly suggests that they are aged eighteen or over’ ( IND2005 ).
Policy and practice relating to separated asylum seeking childern including disput over age, the determination of asylum cliam, and local authority care.
Pawandeep Singh v Entry Clearance Officer, New Delhi [2004] EWCA Civ 1075; [2005] 1 QB 608 De facto adoptive children enjoy family life in immigration context
R ( on the application of B) v London Borough of Merton [2003] EWHC 1689- Specific concern about the quality of age assessments undertaken by SSDs
An asylum seeker is a person who has applied for asylum in the UK and is awaiting a final decision on their claim from the Immigration & Nationality Department of the Home Office. What is asylum? Legal protection granted by one country ...What are Asylum Seeker and Refugee Children?
Care and Immigration Arrangements for UASC
The Home Office published a consultation to reform the care and immigration arrangements for unaccompanied asylum seeking children on 1st March 2007. To view and download the document from the Home Office website, click here. To view. Children's Legal Centre's initial briefing on the consultation paper click here.
It is estimated that around 2,000 children are detained with their families every year for the purposes of immigration control c( Crawley and Lester 2005).
Article 22 of the UN Convention on the Rights of the Child (UNCRC) 1989 provides that states should take appropriate measures to ensure that a child asylum seeker receives appropriate protection and humanitarian assistance in the enjoyment of the rights in the Convention itself and in other international human rights instruments (such as the European Convention on Human Rights).
Article 18 ( 1) of the EU Directive on Minimum Standards for the Reception of AsylumSeekers of January 2003 states that the best interests of the child should be a primary consideration for member states when implementing the provisions of the Directive that involve children ( European council 2003).
Children Act 1989 . The Children Act 1989 is a British Act of Parliament that altered the law in regard to children. In particular, it introduced the notion of parental responsibility.
Detention of asylum seeking children: the Refugee Council, Save the Children, BID as well as the Welsh and Scottish Refugee Councils have launched a campaign to stop the detention of children. To find out about how you can support the 'No place for a child- Stop detaining children now!' campaign click here.
The Home Office insisted yesterday that unaccompanied children under 18 would only be sent back to "safe environments", but ministers believe that "it cannot be right that individuals should be allowed to remain in Britain" after refusing help and assistance to go home voluntarily....Home Office defends plans to send back child asylum seekers
