This Practice Note discusses undocumented migrants claiming to be children, the general policy of the Home Office on assessing age, local authority age assessments and the procedure for challenging local authority age assessments.
This Practice Note provides a brief overview of support for families with children under the age of 18 who claim asylum, failed asylum seekers who have children under the age of 18 and unaccompanied asylum seeking children who reach the age of 18 while under the care of a local authority.
This Practice Note examines the powers of the Home Office to detain individuals when exercising immigration control. It includes an overview of the Home Office’s policy on detention as well as a discussion of who is liable for detention and who is considered unsuitable for detention. It also identifies the places in which a person may be detained for immigration reasons.
This Practice Note examines the powers of the Home Office to detain individuals when exercising immigration control, as well as the forms of release that are relevant to persons who are liable to detention, ie temporary admission/temporary release, restriction orders and bail.
This Practice Note discusses issues that a local authority (LA) should consider in its treatment of non asylum seeking families with no leave to remain and dependent children, including the LA’s duties towards a family of this type and the steps that an LA can take to avoid breaching the family’s rights under the European Convention of Human Rights.
This Practice Note covers the local authority’s duties where a child (person under the age of 18) arrives in the UK alone.
This Practice Note looks at the common grounds for refusal in Part 9 of the Immigration Rules which provide for the refusal, and cancellation, of entry clearance, or permission to enter or remain, on the basis of previous criminal offences or other aspects of personal conduct, which are not deemed 'conducive to the public good'. Note that this Practice Note does not cover previous breaches of immigration laws, or the sham marriage or customs breach grounds.
This Practice Note looks at the alternative requirements which apply to a number of categories under the Immigration Rules that involve children. These are where a parent has sole responsibility for the child, or there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for their care in the UK. The note discusses Home Office and judicial interpretation of these concepts as well as providing tips on how to demonstrate that the relevant requirements are met. It also provides a reminder that in all cases the duty to safeguard and promote the welfare of children (the s 55 duty) must be taken into account.
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