UN Refugee Agency examines child asylum decisions

A new report published today by the UN Refugee Agency (UNHCR) presents for the first time the findings of an audit of decision-making in child asylum claims. UNHCR’s sixth audit report examines the quality of asylum decisions made by the UK Border Agency (UKBA) in cases where children apply in their own right, and the impact of the asylum process on children.

“It is positive to note that specialised procedures for child asylum applicants are in place in the UK, including provision of specialised training to decision makers who consider child asylum claims,” said Jacqueline Parlevliet, UNHCR’s acting representative in the UK. “We acknowledge the significant efforts made to date and would like to see the UKBA take even greater steps towards meeting the protection needs of asylum seeking children in the UK.”

The findings of the audit are particularly timely as UKBA will soon become subject to a statutory duty to “safeguard and promote the wellbeing” of asylum-seeking children in the UK, following the government’s lifting of its reservation to the UN Convention on the Rights of the Child. “UNHCR congratulates the UK on the lifting of its reservation which means that the best interests of the child must be a primary consideration in all actions affecting asylum-seeking children” says Parlevliet. “We look forward to working with UKBA to ensure that the child’s best interests are fully represented throughout the UK asylum process.” UNHCR’s own guidelines on the best interests of the child will be launched in the UK at the end of May.

In its report, UNHCR recommends that decision makers should make further efforts to create a child-appropriate interview environment. UNHCR considers it best practice to ensure that an appropriate guardian assigned to each child applicant help to ensure that the views of the child are fully represented during the interview process.

The report highlights examples of best practice decision making in child asylum claims including where decision makers show sensitivity to the different ways in which children experience persecution and violations of their human rights. “Children are psychologically and physically less able than adults to protect themselves from harm and as a result are particularly vulnerable and dependent on others,” said Parlevliet.

At present, children seeking asylum in the UK may be granted a
subsidiary form of discretionary leave to remain until the age of 17 and a half. However, UNHCR recommends that all elements of a child’s asylum claim should be thoroughly assessed prior to considering leave under other criteria. Some children arrive in the UK fleeing persecution and human rights abuses in their countries of origin. These children should be protected from future harm in line with the UK’s international obligations under the 1951 Refugee Convention and should be accorded a legal status that reflects their protection needs.

In 2008, some 12 per cent of all asylum claims lodged in the UK were made by child applicants.

In addition to its examination of the children’s asylum procedure, UNHCR’s study welcomed progress made by the government in improving the quality of asylum decisions across the UK. The ongoing work of the UKBA’s quality assurance team is evidence of the government’s openness and willingness to engage with UNHCR’s recommendations.

At the government’s invitation, UNHCR has audited the Home Office’s first-instance asylum decisions since 2004 under a project called the Quality Initiative. UNHCR will continue to work with the government to address the issues highlighted in its report and to improve the overall quality of asylum decisions in the UK. – OneWorld

The key recommendations and observations of the report are available UNHCR