Special provision is made in the UK for unaccompanied minors seeking asylum, termed Unaccompanied Asylum Seeking Children (UASC). The immigration rules include specific provisions, which recognise the vulnerability of unaccompanied children seeking asylum. If an interview with the child is thought to be necessary an adult, a parent, guardian, or representative who takes responsibility for the child must be present.

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Special provision is made in the UK for unaccompanied minors seeking asylum, termed Unaccompanied Asylum Seeking Children (UASC). The immigration rules include specific provisions, which recognise the vulnerability of unaccompanied children seeking asylum. If an interview with the child is thought to be necessary an adult, a parent, guardian, or representative who takes responsibility for the child must be present. The Immigration Officers responsible for interviewing children have been specially trained for this purpose. The government has also set up a panel of advisers, in conjunction with the Refugee Council, which provides unaccompanied children with an individual advisor who helps to deal with authorities and obtain support, interpreters and legal advisers. The recent 2002 White Paper, Secure Borders, Safe Haven did however propose to interview children in connection with asylum claims more often and the UK Home Office began to implement this change recently before the necessary changes were made to the immigration rule. As the Home Office may suspect that individuals claiming asylum and stating that their age is below 18, are in fact older, they may use medical examinations to ascertain the correct age. Since September 2000 if the Home Office believes that a minors appearance strongly suggest they are over 18 they will be treated as an adult until they produce credible documentary evidence demonstrating their age. Persons found to be providing an incorrect age may forfeit social benefits. Under section 36 of the new Act asylum seeker children will not be entitled to education in local schools if housed in accommodation centres, they will instead be educated within those facilities.

Although the UK is a party to the Convention on the Rights of Child (1989), they have entered a reservation in respect of refugee and asylum seeking children. On the basis of this reservation they are able to detain asylum seeking children, and do routinely detain them with their families. Children can also be removed, under section 73 of the Nationality, Immigration and Asylum Act 2002, if their family members have been given removal directions, if however the child reaches the age of 18 the removal directions against them become invalid. Children who have however resided in the UK for seven continuous years, along with their families, will not be subject to removal directions.

If children wish to enter the UK to join parents who are settled in the UK they must, under immigration rules, satisfy a number of criteria: they must be the child of the settled parents or parents admitted with a view to settlement; be under 18; be unmarried; and when they arrive in the UK be maintained and accommodated: or be supported by their parents without recourse to public funds. Prior to entry they must obtain entry clearance, if they fulfil the criteria they will be eligible for indefinite leave to remain (see 8.2 – Immigration Law and Policy). The rules are slightly different if a child is seeking to join only one parent in the UK, in this situation it must be shown that: the parent is present and settled in the UK, has been admitted with a view to settlement or is being admitted for settlement at the same time as the child; the parent has ‘sole responsibility’ for the child's upbringing; concerns of serious and compelling family or other considerations in the child's own country making exclusion from the UK undesirable, and suitable arrangements have been made for the childs care in the UK. The immigration rules will also be amended to allow parents to eventually settle in the UK if their children, to whom they have access, are residents there, providing that they are the parent of the child with rights of access, they intend to take an active part in the child's upbringing, the child is under 18 and they can maintain themselves without recourse to public funds. The rules were changed to comply with a European Court of Human Rights ruling in the case of Berrehab, in 1988, that the deportation of a Moroccan man violated his right to family life under article 8, ECHR, as it made it difficult for him to maintain frequent contact with his family.

Unaccompanied minors granted refugee status do not have a right to family reunion with their parents or siblings. If they do not qualify for refugee status they will be granted discretionary leave (see 8.2 – Immigration Law and Policy), this status is granted to them for three years, or until they are 18, whichever is earlier. After maintaining this status for six years they will be eligible to apply for indefinite leave to remain.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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