The UN defines a refugee as a person who ‘owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.
[5] UASC come from all over the world, but as of 2008 the top ten countries of origin were Afghanistan, Iraq, Iran, Eritrea, China (including Taiwan), Somalia, Bangladesh, India, Sri Lanka, and Albania.
This application can be made at the port of entry, at the Asylum Screening Unit in Croydon, or (only for children) at local immigration service enforcement offices.
[9] When the application is completed, children will go through a Screening Interview, in which they are asked about personal details, reasons for coming to the UK, and their journey.
[10] Children over the age of 12 are given a date for a First Reporting Event with a case owner as well as a Statement of Evidence Form.
[9] Following the submission of the Statement of Evidence Form, children over twelve generally undergo an interview with an immigration official about their asylum application.
Discretionary leave to remain is provided most frequently when there are inadequate return arrangements for these children in their country of origin.
[10] Under Section 20, children's services must financially support young people until the age of 18 regardless of immigration status.
[13] In a subsequent legal challenge (R ex parte London Borough of Hillingdon v Secretary of State for Education and Skills), the local authority unsuccessfully challenged a decision of the Secretary of State to reduce the grant paid to the Council to support service provision.
Many unaccompanied asylum-seeking children are facing a change in status as they approach 18, as most are initially given discretionary leave to remain until age 17 ½.
[10] Pathway planning at eighteen, therefore, covers similar options to those that refugees face while undergoing the initial asylum process.
[10] If the unaccompanied asylum-seeking child initially was granted a period of discretionary leave, though, the process becomes more complicated.
A common example of why people may remain in the UK is that the Home Office is frequently unable to obtain the travel documents that would allow a failed asylum-seeker to return to his country of origin.
[10] The UN Committee on the Rights of the Child, which the UK works to abide by, states that ‘the appointment of a competent guardian as expeditiously as possible, serves a key procedural safeguard to ensure respect for the best interests of an unaccompanied or separated child.’[15] A guardianship programme has recently completed its second year of a pilot in Scotland.
The Scottish Guardianship Service currently plans to continue offering guidance from guardians to former separated children over the age of eighteen.
[19] Coram Children's Legal Centre provides an advice helpline for all migrant, asylum-seeking, and refugee youth.
[20] CFAB works primarily to advise social workers on the options available for unaccompanied asylum-seeking children.
[24] The West Midlands Refugee Programme provides mentorship to unaccompanied asylum-seeking children in Birmingham and Coventry, as well as housing a destitution project.