Essay on asylum seeking children PDF

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Discuss the key issues facing refugee and asylum seeking children in Britain and Northern Ireland today, noting the difference between children who arrive with families and those who arrive unaccompanied. Provide a profile of these children citing relevant statistics and describe some of the most se...

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Asylum seeking children

Discuss the key issues facing refugee and asylum seeking children in Britain and Northern Ireland today, noting the difference between children who arrive with families and those who arrive unaccompanied. Provide a profile of these children citing relevant statistics and describe some of the most serious problems they face, noting any policy or legislation that has had either an adverse or positive impact on their situation Issues facing refugee children An asylum-seeker is defined as an individual whose appeal for safety is currently being reviewed, thus waiting to be legally established as a refugee within a country, however they must receive approval from the Home Office if they are to receive refugee status within the UK (UNHRC, 2017). At present many civilians across the globe must flee their home due to conflict, famine and persecution, this has meant that 59.5 million people were forcibly displaced with over half being children (Hands et al, 2015). They seek to obtain safety where the government fails to protect their rights as children within their own region (Refugee Council, 2016). Statistics clarify that 38.2 million were displaced in their country of birth, while a further 21.3 million had to chance crossing borders to obtain refuge. The term ‘separated children’ defines those who have come into the UK under the age of 18, who have been separated from their parents or a primary caregiver. In some cases, families have had to make heart-breaking decisions and send their children away to shield them from violence or being recruited into armed forces. On the other hand, some children may have lost their families as a result of violence or got separated while escaping. (UNICEF, 2016). Home Office statistics established that 98,400 asylum applications were made within 78 countries these included applicants from Eritrea, Afghanistan, Syria and Somalia. Nevertheless 9 per cent of applications seeking asylum within the UK were made by unaccompanied children (Home Office, 2016). In 2015 the highest percentage of applications for asylum were made by males (73%) and around 81 per cent were those aged under 35. When a child makes, a claim seeking ‘asylum’ within the UK they become the legal responsibility of the local authorities where they are found. These authorities receive substandard funding allocated by the home office in which to care for these children. In most cases, young asylum seekers are placed into foster care or ‘semi-independent’ living scenarios (BBC, 2016). Each year within the United Kingdom many of those who are ‘displaced’ or ‘dispossessed’ come seeking refuge and a place of safety. In 2016 it was established that around 3,175 Lisa Corrigan

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SOP:507 Migration, Race and Ethnicity

Asylum seeking children

separated children appealed asylum within the UK (Refugee Council, 2016). However, many of those children who apply for asylum have their claims dismissed but are granted limited permission to stay in the UK (Hands et al, 2015). Although it can be a difficult time for children once they have escaped violence and conflict, especially when entering a new country as they may have limited understanding of legal procedures in which to be granted asylum. Also, protocol such as child protection and criminal justice procedures can be quite overwhelming and make a child feel intimidated as they await a decision on the basis of their safety (UNICEF, 2016). In the UK to protect the best interests of the child it is the duty of the Home Office to adhere to guidance under regulation 6 of ‘Asylum Seekers Regulations 2005’ to try and trace the families of those who came unaccompanied after a claim for asylum has been made. These proceedings must only be conducted under section 55 of the 2009 Immigration act and most not put a child’s or their family’s safety at risk (Home Office, 2016). Many young children don’t realise they have a right to appeal as they are given little or no assistance in terms of legal matters. Although by the end of 2015 there was over 13, 034 appeals against initial refusals in which 30 per cent were accepted. In 2015 there was six applications of asylum for every 10,000-people living in the UK and out of the EU28 there was 26 applications per 10,000. At present the United Kingdom is ranked below average in terms of granting asylum applications per head of population, as they currently rank 17th out of the 28 countries (McNulty, 2016). Although the Lebanon in 2014 was host to over 1.1 million refugees this was 23.2 per cent of the population while the UK only had 126,000 refugees 0.19 per cent of its population. Also during this period 2,204 applications for asylum were sought by Syrian refugees in the UK (McNulty, 2016). The largest group seeking asylum are young children from Syria as figures published by the UNHCR placed 1,072,290 in Turkey and 1,078,338 in the Lebanon. However, there was 2,204 applications made by Syrian refugees to the UK by year ending June 2015 (Hands et al, 2015). Another ongoing issue for asylum seeking children within the UK is the ability to adapt to a new culture and way of life, this may include having to learn a new language. Also in terms of accessing education many young children must wait a year before being offered a place in

Lisa Corrigan

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SOP:507 Migration, Race and Ethnicity

Asylum seeking children

a mainstream school. Therefore, lacking social stimulation as they are being deprived of being able to connect with children their own age and build friendships resulting in loneliness and boredom (Hands et al, 2015). It is also important to understand that many families seeking asylum are given a house but receive little or no subsistence allowance, meaning that they are unable to afford luxuries such as travel, heating, food and clothing. Also throughout this period asylum seeker are not permitted to work and therefore depend on small stipends. In cases, such as these asylumseeking children are within their right to be assessed by Social Services as being ‘children in need’ under section 17 of the Children’s Act (Hands et al, 2015). Although in Sweden those seeking asylum are provided with adequate housing and services by the Swedish Migration Agency. The accommodation offered is generally provided through shared apartments/flats but in some cases the use of hostels is optional. These expenses are covered by means of the state and all asylum seekers are entitled to receive hospital care and avail of dental services. Despite the promises of numerous UK governments to eradicate child poverty by 2020 and to establish a society that is inclusive for all, many young asylum seekers fail to be included in official poverty statistics and are denied access to basic levels of protection (Refugee and Migrant Justice, 2009). Meanwhile in Northern Ireland between 2011 and August 2015 approximately 25 children arrived ‘unaccompanied’ and within the first eight months five children were taken into care the youngest being 12 years old. The main countries in which these children arrived from included Albania, Algeria, China and Egypt. Although the main countries in which we receive asylum applications include Somalia, Sudan, Nigeria, and Zimbabwe (McNulty, 2016). Legislation and policy The 1989 UN Convention on the rights of the child which is currently sanctioned by over 193 countries offers a fundamental guideline for legal protection of children. Nevertheless, neither the 1951 convention or the CRC in terms of addressing the situation of young asylum seekers provide a satisfactory legally binding protocol. The 1951 Convention simply provides measures for family unity and protection alongside access to education (Godwin-Gill and McAdam, 2007).

Lisa Corrigan

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SOP:507 Migration, Race and Ethnicity

Asylum seeking children

In UK policy, a child may claim asylum on their own or as part of a family unit they however must partake in an initial interview process and then wait to be given notice of a substantive interview. If this is successful the home office will grant the child or family’s application and therefore they will receive refugee status, along with leave to remain for five years (Hands et al, 2015). Article three of the United Nations Convention on the Rights of the Child (UNCRC) states that It is unlawful to return individuals to a country where they are likely to face the death penalty, unlawful killing, torture, inhumane or degrading treatment (Protecting Children, 2017). Although up until November 2008 the UK government entered an arrangement allowing derogation from its principles to the UNCRC with regards to individuals who didn’t have the right to enter or remain in the country (Hek et al, 2012). It was established that the UNHCR or the international agency can provide a secure place of refuge and no official means of protecting the personal security of asylum seekers and refugees, this responsibility falls primarily upon state governments (Godwin-Gill and McAdam, 2007). The Asylum and Immigration Act 2004 confiscated ‘basic support’ for those seeking asylum, making them penniless, while section nine states that ‘only children under 18 need to be supported and children separated from their families (Hek et al, 2012). However, the Immigration Act 2009 enforces a statutory duty upon the secretary of state to establish that decisions made in relation to immigration of asylum seeking children are settled considering the child’s welfare. The introduction of ‘Dublin lll’ has meant that unaccompanied and separated children have the right to be reunited with their family, this occurs though transferal of their existing asylum case within another EU member state to the UK. This hasn’t been providing a solution for the clear majority of unaccompanied children as they may have to wait 11 months for a transferal (UNICEF, 2016). The Independent Asylum Commissions (2008c, p.36) carried out a national review of the UK relating to poor upheaval of its principles to the UNCRC establishing that it brought ‘a lower level of protection for children seeking asylum’. Nevertheless, the European Convention of Human Rights (ECHR) was brought into British Law through the Human Rights Act (1998), this takes into consideration refugees, asylum seekers or undocumented migrants, giving them the right to the same safeguarding procedures as children born within the UK (Hands et al, 2015).

Lisa Corrigan

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SOP:507 Migration, Race and Ethnicity

Asylum seeking children

An ongoing issue with regards to UK immigration legislation is the ‘Detention’ of refugees, hereby allowing young asylum-seekers and families to be detained at any stage from when they arrive to later being removed from their accommodation without prior notice (Refugee Council, 2005). These situations present significant barriers to young people regarding their well-being, these include lack of access to mainstream education, inadequate healthcare. (Lorek et al, 2009). Also with regards to mental health provision it is crucial for many refugee children to obtain assistance as they are at a risk of developing poor mental health and experience bouts of anxiety and depression. This corresponds highly with those who were survivors of or witnessed physical and psychological violence (Hands et al, 2015). At present refugee children and their families are entitled to access healthcare free by means of the NHS exactly like other UK citizens (Hands et al, 2015). There has been a call for the detention of young people to cease within the UK especially by the Children’s Commissioner for England (2009, P.4) stating that ‘detention is harmful and damaging to children and should be used only as a last resort’. If a child faces the possibility of ‘detention’ and their rights are being infringed a professional may make a referral to organisations such as the Refugee Council or bail for Immigration Detainees (Hands et al, 2015). Article 37 of the United Nations Convention on the rights of the child states that ‘no child shall be deprived of his or her liberty unlawfully or arbitrarily’. It has also been noted that when children enter the UK many are uncertain of their age and lack documentation as proof of identity and if they do bring documents they are often dismissed as being fake (Hands et al, 2015). Article 31 of the 1951 Convention identifies that there are many reasons why refugees flee their country to seek asylum without possessing the necessary documentation and therefore should not be penalised. However, they must show ‘good cause’ for seeking asylum in the United Kingdom, under the 1951 convention individuals have a right to seek protection even if they breach the domestic laws within a country (Godwin-Gill and McAdam, 2007). However, there is a tendency to carry out age assessments through medical tests such as bone age, dental age, and puberty. These on the other hand tend to be inaccurate and produce inexact results leading to miss calculation of a young person’s real age (Hek et al, 2012). In

Lisa Corrigan

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Asylum seeking children

the UK, the assessment of age is carried out by Border Force or immigration officials, they however must only dispute a child’s age if they are certain the individual is aged over 18. In the year 2008 the percentage of unaccompanied children who were refused asylum in the UK rose from 23 per cent to 85 per cent in terms of those accepted as being under 18s and those believed to be over 18 by means of medical assessment (Home Office, 2008). It is also not uncommon for separated children to adopt the role of an older person due to extenuating circumstances or taking on adult responsibilities at an early age to look after younger siblings (Hek et al, 2012). However, many children are exposed to risks such as physical and sexual violence, along with the adversities experienced on long journeys through deserts, mountains, the sea, on foot or in overcrowded vehicles (UNICEF, 2016). Another major concern is the dangers of trafficking and exploitation of unaccompanied asylum seekers especially young children. Despite measures stated within the Children Act 2004 it has been argued that current regulations do not protect young people and in some cases, these children are entering the country with an individual who has no intention of caring for them but instead plans to exploit them (Refugee Council, 2004, P.5). The unfortunate case is that many children who are victim to sexual crime fail to report their experiences due to trauma or fear that traffickers will inflict harm on their families. They also worry about how their communities might perceive them especially if they have been working as prostitutes or suffered sexual abuse. Many of these victims fear they will be prosecuted or deported by their local authorities (ILPA, 2006). This is since not all children who have been victims to ‘trafficking’ are initially recognised and can therefore be wrongly detained and persecuted. In 2015 new legislation was introduced corresponding to human trafficking and modern slavery this was enacted in each devolved area of the UK to increase prosecution rates and victim identification and to provide more access and means of support for victims of sexual exploitation (UNICEF, 2016).

Lisa Corrigan

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Asylum seeking children

Bibliography: 1. Children’s Commissioner for England. 2009. The Arrest and Detention of Children Subject to Immigration Control. Office of the Children’s Commissioner: London 2. Children’s Legal centre (2017) Unaccompanied refugee and asylum-seeking children, Available at: http://www.protectingchildren.org.uk/cp-topics/immigrationasylum/unaccompanied-refugee-and-asylum-seeking-children/ (Accessed: 13th March 2017). 3. Goodwin-Gill, G., McAdam, J. (2007) The refugee in international law, 3rd edn., Oxford: Oxford University Press. 4. Hands, C., Thomas, J. and Legere, S. (2015) Refugee children in the UK, London: Elsevier Ltd. 5. Hek, R., Hughes, N. and Ozmond, R. (2012) Safeguarding the Needs of Children and Young People Seeking Asylum in the UK, Birmingham: Wiley Online Library. 6. Home Office (2016) Asylum statistics, Available at: https://www.gov.uk/government/publications/immigration-statistics-january-tomarch-2016/summary (Accessed: 16th March 2017). 7. Home Office. 2008. Asylum Statistics UK 2007. Home Office: London. 8. Immigration Law Practitioners Association. 2006. Child first, migrant second: Ensuring that every child matters. ILPA: London. 9. Independent Asylum Commission. 2008. Deserving dignity: The Independent Asylum Commission’s third report of conclusions and recommendations. Independent Asylum Commission: London. 10. McNulty, M. (2016) Refugees in Northern Ireland, Belfast: Embrace. 11. Refugee and Migrant Justice. 2009. Does every child matter? Children seeking asylum in Britain. RMJ: London. 12. Refugee Council (2016) Children in the asylum system, Stratford: British Refugee Council. 13. Refugee Council. 2004. The Refugee Councils submission to the Education and Skills Committee inquiry into Every Child Matter. Refugee Council: London Lisa Corrigan

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14. The UN Refugee Agency (2015) Forced displacement in 2015, United Kingdom: UNHCR. 15. UNICEF (2016) The Refugee crisis in Europe, United Kingdom: UNICEF. 16. WainWright, D. (2016) Rise in lone children seeking asylum in England, Available at: http://www.bbc.co.uk/news/uk-england-36714617 (Accessed: 14th March 2017).

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