ILPA information sheet on developments in immigration law and policy affecting children, December 2008 - click here
Border and Immigration Agency measures relating to children in the Immigration System
Following its public consultation exercise, "Planning Better Outcomes and Support for Unaccompanied Asylum Seeking Children", the Border and Immigration Agency (BIA) announced in January 2008 a series of reforms relating to children in the immigration system in "Better Outcomes: The Way Forward. Improving the Care of Unaccompanied Asylum Seeking Children". To read these documents click here
To guarantee fair treatment, the BIA is also consulting on a new Code of Practice for its staff click here and consulting on lifting the UK reservation on the UN convention on the Rights of the Child.
Border and Immigration Agency Asylum Policy Instructions click here
Home Office clarify how children's asylum claims will be dealt with under with under the New Asylum Model
Hugh Ind, Director of NAM has written to stakeholders to clarify how children's asylum claims will be dealt with under the New Asylum Model (NAM). The letter can be viewed here. The Home Office have also released into the public domain their instructions to NAM 'case owners' on how to process children's asylum claims. It is excellent that the Home Office has decided to do this and we strongly recommend to Social Services and voluntary organisations involved with children's asylum claims that they refer to this manual in order to understand what can be expected from case owners in the NAM children's 'segment'. The NAM has important resource implications for social services staff dealing with children's claims that managers and staff alike should familiarise themselves with. All new minor's claims - with the possible exception of 'third country' cases (yet to be clarified) - are now being processed through NAM. To view a copy of the instructions to case owners click here
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.
