Can the United Kingdom admit for asylum a child accompanied his/her aunt rather than accompanied by a parent?

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 December 1989
Citation / Document Symbol GBR3133
Cite as Canada: Immigration and Refugee Board of Canada, Can the United Kingdom admit for asylum a child accompanied his/her aunt rather than accompanied by a parent?, 1 December 1989, GBR3133, available at: https://www.refworld.org/docid/3ae6ac3153.html [accessed 17 September 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

The Immigration Office of the British High Commission in Ottawa, when asked about the requested subject, responded that regarding the entry of children accompanied by an aunt and claiming refugee status, their preventive detention and treatment would most likely be decided on the specific circumstances surrounding the case.

The British High Commission stated that Somali citizens need an entry clearance to enter the United Kingdom, carrier lines being liable for non-compliance with the Immigration requirements. To be allowed entry into the country, a child would normally be required to enter with either parent or a relative -for example, an aunt- if the relative could prove that he/she is the sole tutor responsible for the child. Each case is reviewed by immigration officers in the United Kingdom, and all cases of refugee-status or asylum claim are the responsibility of the Home Office, which makes decisions on an individual basis.

For a general view of the United Kingdom's new asylum policy, please refer to the attached copy of Survey of Treatment of Asylum Seekers at International Airports in Western Europe (Strasbourg: Dutch Refugee Council/Council of Europe, 30 November 1989), pp. 1-9. According to item No. 15 of this survey, the presence of children is an important criteria for determining the preventive detention of the asylum-seekers, depending on the circumstances.

New immigration legislation has been recently introduced in the UK: The Immigration Act of 1988, and the Statement of Changes in Immigration Rules of 14 June 1989. The exact content of these documents could not be found among the sources currently available to the IRBDC. According to the UNHCR office in Ottawa, the new legislation focuses on immigration requirements and proceedings, continuing to acknowledge the 1951 Convention definition of refugee and the alternative of asylum for those who do not fall under the convention definition of a refugee. The magazine Refugees (published by the UNHCR [in Geneva, Switzerland) of March 1989, pages 8-9, states that new visa requirements for African countries came into force in 1986, followed in 1987 by the imposition of fines on airlines carrying passengers without proper documents. The article also reports on the practice of immediate deportation of those who do not meet the legal requirements or do not undergo regular procedures.

The June 1988 issue of Refugees reports on a special program for unaccompanied refugee children in England (pages 29-30), but it is not indicated in the article if this program is also directed to children not included among the Vietnamese "boat people" accepted by that country.

Other documents regarding changes in Refugee policy and legislation in the United Kingdom have been requested to the London office of the UNHCR through its Ottawa branch office. Copies or information on these documents can be obtained upon request, when they are received by the IRBDC.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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