Refugees: Children

(asked on 10th November 2017) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether legal assistance will be provided to unaccompanied children who are seeking to apply to live in the UK under the Dubs scheme.


Answered by
Caroline Nokes Portrait
Caroline Nokes
This question was answered on 2nd May 2018

In accordance with section 67 of the Immigration Act 2016, the Government conducted a comprehensive consultation with local authorities across the UK in 2016 to assess capacity for the care of unaccompanied children. Following the consultation, the Government set the specified number for section 67 at 480. This is a one-off commitment. On 2 November the High Court confirmed that the Government’s approach to implementing section 67 was lawful.

The Government maintains a continual dialogue with local authorities and Strategic Migration Partnerships. We welcome all offers from local authorities with capacity to look after unaccompanied asylum seeking children and will continue to utilise these offers to fulfil all of our existing commitments, including ensuring a more equal allocation of unaccompanied children across the country through the National Transfer Scheme.

The Government is fully committed to transferring 480 unaccompanied children from Europe under section 67 of the Immigration Act 2016 (the ‘Dubs Amendment’). Over 200 unaccompanied children have arrived in the UK under section 67 of the Immigration Act 2016. Children have been transferred this year from France under section 67 and transfers are ongoing. On 10 March, the Government published the basis on which further transfers under section 67 will take place:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/632633/Dubs_policy_statement_-_update.pdf.

To be eligible, children need to have been present in Europe before 20 March 2016, and it be determined, following individual assessment, that it would be in their best interests to be transferred to the UK.

It is for participating Member States to refer children; there is no process for children to lodge an application for consideration under section 67. Member States have been asked to prioritise those likely to qualify for refugee status and the most vulnerable. Vulnerability may include, but is not restricted to UNHCR’s Children at Risk individual risk factors. These risk factors include: child victims of trafficking and sexual abuse; survivors of torture; survivors of violence; and, children with mental or physical disabilities.

The primary responsibility for unaccompanied children with the authorities of the Member State in which they are present. The UK cannot operate on the territory of another sovereign nation without a specific request to do so, and this includes providing legal assistance to children not currently on UK territory.

Once in the UK, unaccompanied asylum seeking children are placed into the care of local authorities and are provided with specialised legal advice and support which is available from their social worker, the Refugee Council Children’s Panel of Advisors for children in England and the Scottish Guardianship Service for children in Scotland.

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