All Articles: Children

Home Office application to delay Calais Jungle child asylum case refused by tribunal

In an oral decision in the case of R (on the application of AO & AM) v Secretary of State for the Home Department (stay of proceedings – principles) [2017] UKUT 168 (IAC) given on 28 March 2017, the Upper Tribunal refused the Secretary of St ...

3rd May 2017 By

When is it reasonable to require British citizen children to leave Britain?

Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigr ...

29th March 2017 By

Supreme Court upholds Minimum Income Rule of £18,600 to sponsor foreign spouses in MM case

In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as just “the MM case,” the Supreme Court has this morning upheld in principle the Minimum Income Rule which requir ...

22nd February 2017 By

Tribunal makes order requiring dental age assessment of young asylum seeker

In a new case on dental age assessments, the tribunal has ordered that a young asylum seeker to undergo a dental x-ray and age assessment. If he refuses, his court case will be struck out. The case also gives general guidance on the correct approach t ...

20th December 2016 By

Home Office publishes eligibility criteria for children to be admitted to UK under Dubs amendment

The Home Office has made public its internal guidance for officials on the process and criteria for admitting children to the UK who were living in the Calais camp. The obligation to admit the children comes from section 67 of the recently passed Immi ...

15th November 2016 By

What is the impact of a successful asylum claim on a child abduction case?

Can the Family Court ignore a decision by the Home Office to grant asylum to a child by ordering the child’s return to the country where it was found he would be at risk of harm contrary to Article 3 of the ECHR ? This was the central issue in Re H ...

7th November 2016 By

Dura Lex, Sed Lex: Refugee children must remain in Calais says Court of Appeal

The UK government, and Europe, has spared no expense to ensure that wherever the people trying to get to Europe end up, it isn’t here. But the courts are seemingly doing their best to help. The Court of Appeal’s judgment in Secretary of State for ...

7th September 2016 By

The Let Us Learn Campaign

Imagine being told that everything you thought you knew as truth was an absolute lie. Imagine starting a journey with your peer group and then unexpectedly being ripped away from the same path. Imagine feeling as if no one understands your pain, your ...

25th July 2016 By

Serial criminal to be deported despite impact on his children

If you attempt to murder someone with a gun, and after release from prison for attempted murder (a sentence of over four years), are caught again with a loaded gun and imprisoned, do not be surprised that only the most exceptional circumstances will s ...

15th July 2016 By

Government launches National Transfer Scheme for asylum seeking children

On 1 July 2016 the Government launched a new National Transfer Scheme for refugee children. It enables one local authority to request transfer of an asylum seeking child to another local authority. The rationale is said to be: to encourage all local a ...

14th July 2016 By

Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more

The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had live ...

7th July 2016 By

Court of Appeal says children can be required to be x-rayed to challenge age assessment in court

Interesting and controversial case on X-rays and age assessment from the Court of Appeal: London Borough of Croydon v Y [2016] EWCA Civ 398 (26 April 2016). Essentially, the Court holds that the claimant would have to agree to an age assessment by mea ...

18th May 2016 By

Court of Appeal overturns President’s decision to allow deportation appeal

BL (Jamaica) v The Secretary of State for the Home Department [2016] EWCA Civ 357 is essentially an unhelpful judgment for convicted criminals arguing against deportation orders on Article 8 grounds. It overturned a McCloskey J and UTJ Perkins decisio ...

29th April 2016 By

EU Charter of Fundamental Rights creates freestanding rights in immigration law says tribunal

Abdul (section 55 – Article 24(3) Charter : Nigeria) [2016] UKUT 106 (IAC) is a case involving a Nigerian national aged 41 who had resided in the UK for 25 years and who had two British daughters aged 11 and 13. He had acquired a permanent righ ...

4th March 2016 By

Court of Appeal finds Home Office unlawfully detained child refugee

The case of Home Office v VS [2015] EWCA Civ 1142 discloses continued concerns about Home Office treatment of refugee children and sets clear guidelines on limits of power to detain children. The child was represented in the Court of Appeal by Stepha ...

6th November 2015 By

Important new age assessment guidance published

New guidance on conducting age assessments has been published by the Association of Directors of Children’s Services. The work has been done in co-operation with the Home Office and the new guidelines will be of critical importance in age asses ...

14th October 2015 By

“I couldn’t pick her up and it just broke my heart”

Last week the Children’s Commissioner for England released a study into the impact of the Coalition Government’s new family immigration rules, introduced in 2012. The report is an emotionally difficult read with some heart breaking quotes ...

16th September 2015 By

Successful judicial review of social services age assessment

R (on the application of GB by litigation friend, Francesco Jeff) v Oxfordshire County Council (age dispute- relevance of documents) IJR [2015] UKUT 429 (IAC) is an interesting and successful judicial review challenge to an age assessment. My col ...

10th August 2015 By

Refusal of a child’s British citizenship application on character grounds overturned

The High Court has overturned the refusal on character grounds by the Home Office of a British citizenship application by a migrant child. Karon Monaghan QC sitting as a Deputy Judge of the High Court held that the Secretary of State had acted unlawfu ...

12th June 2015 By

The Heart of the Matter: Assessing Credibility when Children Apply for Asylum in the European Union

Anyone working with child asylum seekers — lawyers, civil servants, judges — should read UNHCR’s new publication The Heart of the Matter: Assessing Credibility when Children Apply for Asylum in the European Union. It came out a coup ...

31st March 2015 By

Young voices speak out – maybe it’s time for Government to listen?

The Government is closing its ears to the legal community’s demands for access to justice for all. The question is can they do the same when the call for change comes directly from young people? Published on the eve of International Human Rights Day ...

9th December 2014 By

Court of appeal guidance on best interests of migrant children

The Court of Appeal has finally grappled with the question of how to apply the best interests of children in an immigration context and given detailed guidance on how judges should approach the exercise. The judgment, in the case of EV (Philippines) & ...

4th July 2014 By

Working with migrant children survey

In the past eighteen months Migrant Legal Project (MLP) has represented a number of Vietnamese minors on remand or serving Detention and Training Orders at Young Offender Institutes. All had been picked up for criminal offences relating to cannabis cu ...

19th June 2014 By

Win For Children With Discretionary Leave

The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not lawful. The excellent Amanda Weston of Tooks Chambers for the Claimants and Joanne Rothwell of No 5 Ch ...

18th June 2013 By

New Statement of Intent on family migration

Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide Article 8 cases. FM has recently discussed whether it is legally permissible to ...

13th June 2012 By