I am working on a review of literature focusing on the circumstances of
unaccompanied minors/separated children in the UK as part of research
project that is exploring the social work response [in England] to
unaccompanied children.
I am currently looking at the legal status of unaccompanied minors in
England. While their right to care and protection is clear under the
provisions of the Children Act 1989, I am having trouble unravelling the
legal or immigration status of some groups of unaccompanied minors.
In a number of research reports on separated children/unaccompanied minors a
distinction is made between different groups (although the groups are not
necessarily clearly defined or mutually exclusive) of children who enter the
country separate from their parent(s) or usual guardians:
- those who are seeking asylum
- those who have entered the UK as victims of trafficking
- those who have travelled to the UK to escape conditions of serious
deprivation.
I would like to clarify what their legal status is re immigration and their
right to remain within the UK. This is clear for young people who make an
application for asylum however I am having difficulty understanding the
situation of unaccompanied children who do not make an application for
asylum.
For example, if a young person under the age of 18 has been trafficked into
the UK, is not identified at the point at which they enter the country but
is later found to be in the country 'illegally' what right would that young
person have to remain in the UK? Under the Convention on the Rights of the
Child the first principle would suggest that they could remain if that is
what is determined to be in their 'best interests' however the UK
reservation on immigration and nationality seems to suggest that this might
not be the case.
Can anyone advise me on any literature discussing the position of these
young people in the UK?
Best wishes
Fiona Mitchell
Research Assistant
Social Work Research and Development Unit
University of York
[log in to unmask]
++++++++++++++++++++++++++++++++++++++++++++++++++++
Note: The material contained in this communication comes to you from the
Forced Migration Discussion List which is moderated by the Refugee Studies
Centre (RSC), University of Oxford. It does not necessarily reflect the
views of the RSC or the University. If you re-print, copy, archive or
re-post this message please retain this disclaimer. Quotations or extracts
should include attribution to the original sources.
|