Children

Latest from the Refugee & Migrant Children's Consortium

Key posts about children

Can children and parents apply to remain after seven years’ residence? 18th October 2021
Visas for children under Appendix FM of the Immigration Rules 25th September 2018
Briefing: the best interests of children in immigration cases 4th March 2019
Briefing: how lawyers can help young people in the asylum system 10th December 2018
Supeme Court Guildhall
Supreme Court: bad behaviour by parent irrelevant to best interests of children 24th October 2018
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ILPA best practice guides
  1. Working with children and young people subject to immigration control: Guidelines for best practice General guide to working with children with some fantastic ideas and suggestions
  2. Working with refugee children: current issues in best practice Best interests, voice of the child, age disputes, representing children and more
  3. Resources Guide for Practitioners Working with Refugee Children Comprehensive and really useful guide to other resources
  4. Separated children and legal aid How to claim legal aid in immigration cases involving children
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Can children and parents apply to remain after seven years’ residence?

 18th October 2021 By Free Movement
Other guidance
  1. Senior President Practice Direction: Child, vulnerable adult and sensitive witnesses General guidance for all tribunals
  2. Joint Presidential Guidance Note No 2 of 2010: Child, vulnerable adult and sensitive appellant guidance Immigration and Asylum Chamber specific guidance
  3. The Heart of the Matter: Assessing Credibility when Children Apply for Asylum in the European Union Fantastic and comprehensive resource and is essential reading for anyone working with refugee children
  4. General Comment No. 12 (1989) By the UN Committee on the Rights of the Child, which is very useful generally on the right of children to be heard and also includes a short section on migrant children
  5. Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice (2010) extremely useful on judicial process and are essential reading for representatives and judges. See section D entitled ‘Child friendly justice during judicial proceedings’ in particular.
  6. Re W (Children) [2010] UKSC 12 The Supreme Court gave detailed consideration to the issues around the hearing of evidence of children in the context of family proceedings
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The best interests of children in Northern Irish immigration appeals

The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its dut ...

21st September 2021 By

Can children be deported from the UK?

Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for criminal offending: the Home Secretary’s power of deportation under the Immigration Act 1971 is not limited to under-18s, a ...

8th September 2021 By

Passports can be issued to British children abroad without abusive father’s consent

In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father overseas. That judgment has now been robustly upheld by the Court of Appeal following a disastrous ...

5th August 2021 By

Supreme Court upholds Home Office age assessment policy

The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that the person looks significantly over 18. The case is R (BF (Eritrea)) v Secretary of State for the Home Depar ...

2nd August 2021 By

British citizenship for children whose parents miss the EU settled status deadline

On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A to the British Nationality Act 1981. This new section is aimed at ensuring that certain childr ...

1st July 2021 By

“Reasonable” to expect UK-born 11-year-old to move to Bangladesh, Court of Appeal says

The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of ca ...

30th June 2021 By
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