The Nationality, Immigration and Asylum Bill will be the fourth piece of primary legislation on the subject of immigration in the past 10 years. Each was heralded amid promises to reform the system once and for all, take firm action against those who attempted to abuse the system and make a fairer and faster system for those "genuinely" seeking refuge.
To date, the most significant impact has been to confuse asylum seekers and those responsible for delivering services. The latest changes in policy and legislation for dealing with asylum seekers are contained in the white paper Safe Haven, Secure Borders. Many of the proposals outlined in the white paper do not feature in the bill as they do not require legislative changes. Most of the changes that will affect unaccompanied children are in this category.
Under the new policy, immigration staff will be able to interview unaccompanied children about their claim. While this may be welcomed for children who want the opportunity to relate their experience, interviewing children is a sensitive and skilled area that should only be undertaken by specially trained staff. Children need access to legal advisers, appropriate interpretation services and the presence of a supportive adult.
The other area where new policies are being proposed is the tightening of procedures in relation to those young people whose age is disputed. Age determination is far from an exact science and wide open to inaccuracies. It is important for the new system to be based on a comprehensive assessment rather than the opinion of a non-specialist.
Finally, policies have been introduced to facilitate the removal of young people who are"looked after" or supported by local authorities. The need to remove individuals whose asylum claims have been fairly denied is clear. However, where social services have invested heavily in the welfare of these "looked after" children, it is important to work in collaboration with them, taking the young person's needs and experiences into account when they are returned to their country of origin.
None of the measures in the white paper recognises the struggle unaccompanied children have faced and the services and policies required to safeguard their rights and needs. Sadly this is yet another opportunity that the government has missed to get it right for the most vulnerable children in our society today.
Selam Kidane is a consultant for Baaf Adoption and Fostering's refugee children project.
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Details of government consultations
02 October 2008
Private Member Bills
25 July 2008
Government Legislation
25 July 2008