December 2005
Statutory guidance on the education of children in care
The Government has issued 'Statutory guidance on the duty on local authorities to promote the educational achievement of looked after children under section 52 of the Children Act 2004'. This guidance applies to all children looked after by a local authority including unaccompanied minors (December 2005). Click here to read the guidance on the Every Child Matters website.
Returns of unaccompanied minors to Vietnam
Enforced returns of unaccompanied asylum seeking children to Vietnam: The Home Office are planning to return unaccompanied asylum seeking children to Vietnam in the New Year. Below is a link to a letter from the Director of ECPAT UK on the issue following a meeting with the Home Office (December 2005). Click here to read the letter.
October 2005
UASC Leaving Care Grant
DfES has issued new guidance on the payment of the Contingency Fund element of the UASC Leaving Care Grant: LAC (2005)15: Unaccompanied Asylum Seeking Children - Leaving care costs: 2004-2005 - Contingency fund payments (October 2005) click here to read the guidance
September 2005
Travel documents
The Home Office has made further changes to its policy on travel documents with effect from the 30 August 2005. (September 2005) See here for more information and here for the revised FAQ on school trips abroad.
LSC Guidance on public funding for UASC
The Legal Services Commission has issued guidance for Immigration lawyers on the public funding of Unaccompanied Asylum Seeking Children (UASC) in the asylum process. All lawyers representing UASC should be aware of the guidance as should social services departments supporting them.
Some of the important features are that:
The LSC will fund a lawyer to attend Home Office substantive asylum interviews and screening interviews for UASC and age-disputed cases (funding is not available to attend such interviews of adult asylum seekers)
Legal reps can claim or apply for public funding to obtain medical evidence where the clients age is in dispute
At the appeal stage, if the representative is clearly able to identify a Refugee Convention reason for the asylum claim then Controlled Legal Representation (CLR) will be granted on the basis that an asylum claim by an UASC will meet the merits test to at least borderline. This is a less stringent test than for adults where 'boderline' cases must be refused CLR.
For a full copy of the guidance follow this link.
August 2005
Withdrawal of support
The Home Office are shortly to issue guidance to local authorities on when their responsibilities to Unaccompanied Asylum Seeking Children who have turned 18 end and therefore when local authority support should be withdrawn or withheld . The Children's Legal Centre has produced an Information Note which considers the Home Office position as it is currently known. click here
Home Office annual statistics
The Home Office have published their annual asylum statistics for 2004. For the first time, the Home Office have included data on 'age-disputed applications' in addition to applications from 'accepted' unaccompanied asylum seeking children. For more information see the CLC briefing here or view the statistics on the Home Office website.
July 2005
Refugee Council Helpline
The Refugee Council has launched a new Telephone Helpline service (01473-297900) for the Eastern Region. For more information click here.
June 2005
Home Office provisional data on age disputes
The Home Office has published provisional data on applications for asylum from age disputed young people for 2004. There appears to be a significant rise in the last two quarters of that year. Click here
RCC briefing on section 11 Children Act 2004 draft guidance
The Refugee Children's Consortium has issued a response to the DfES consultation on the draft Section 11 Statutory Guidance on Making Arrangements to Safeguard & Promote the Welfare of Children. Click here
April 2005
Emergency accommodation
With effect from Tuesday 3rd May 2005, Migrant Helpline will be responsible for providing temporary accommodation on behalf of NASS for appropriate asylum seekers who make their claim in areas covered by Stansted Enforcement Unit; Harwich Immigration Service; Norwich Immigration Service; Bedford Immigration Service; St Ives EnforcementUnit; Felixstowe enforcement Unit.
Migrant Helpline will also be responsible for housing any asylum seekers currently supported by NASS in these areas if their circumstances change in such a way that requires re-admittance to NASS temporary accommodation. Click here for more information and here to download the referral form.
Application forms for extension of leave
The Home Office has issued an application form to use when applying for an extension of limited leave granted following the refusal of asylum. Click here to download application form HPDL. This form should be used when applying for an extension of:
- ELR granted for less than four years
- Discretionary Leave
- Humanitarian Protection
Guidance notes on how to apply are appended to the form. This form can be completed by the applicant with or without the help of an immigration adviser. It is advised to engage an immigration adviser to help with the extension application, however it is more important to submit the form within the time limits even if this means filling in the form yourself, see Is there a time limit for applying for an extension of Discretionary Leave (DL)? .
Home Office travel documents
The Home Office has made the following changes to its policy on travel documents with effect from the 1 April 2005.
Children of any age can no longer be named as dependants on their parent's or guardian's travel document and must now apply for their own travel document. Children aged 15 and under will however be able to pay a reduced fee.
The following fees have been increased:
March 2005
Definition of "public funds"
Paragraph 6 of the Immigration Rules has been amended as follows:
- working families tax credit and disabled person's tax credit have been replaced by child tax credit and working tax credit;
- invalid care allowance has been replaced by carer's allowance;
- a reference to state pension credit has been inserted;
- income based jobseeker's allowance has been removed.
A new paragraph 6B has been added stating that those who are exempted from the "subject to immigration control" test by virtue of regulations made under s.115 (3) and (4) of the Immigration and Asylum Act 1999 are able to receive a benefit where the benefit is also a "public fund".
These changes will take effect on the 15 March 2005.
February 2005
Asylum seeking minors may now need to register with the police
The changes to paragraphs 325 and 326 (Part 10) of the Immigration Rules requiring certain categories of immigrants ("relevant foreign nationals") to register with the police took effect on 4th February 2005. From this date, asylum seekers aged 16 and over who have been granted limited leave to remain for a period exceeding 6 months (e.g. unaccompanied asylum seeking children granted discretionary leave) are now required to register with the police. We are awaiting a response from the Home Office as to whether any information or guidance regarding registration with the police will be issued to local authorities with responsibility for the care of 16 years olds.
Click here for the relevant section of the Immigration Rules
Right to request permission to work
Following implementation of the Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers, a new part 11B has been inserted in the Immigration Rules (with effect from 4th February 2005). Rule 360 now allows asylum seekers who have not had a decision at first instance on their asylum claim within one year of the date on which it was recorded to apply to the Secretary of State for permission to work. The request will only be considered if, in the opinion of the Secretary of State, any delay in reaching a decision at first instance cannot be attributed to the applicant.
Click here for the relevant section of the Immigration Rules
Return of UASC to Albania
The Home Office has announced its intention to remove UASC whose asylum claims have failed to their home countries where this is possible - see the Government's five-year strategy for asylum and immigration, para. 76: "We will address the difficult issue of returning unaccompanied asylum seeking children. The key is to trace their families in their countries of origin or to create other acceptable reception arrangements. We are beginning a project in Albania. We do not believe it is in the child's best interests to remain in the UK separated from their parents or communities".
For more information:
Refugee Children's Consortium briefing click here
Refugee Council briefing on the five-year strategy click here
