Asylum seekers with children under 18 and unaccompanied asylum seeking children who reach 18
Produced in partnership with Bronwen Jones of Goldsmith Chambers
Asylum seekers with children under 18 and unaccompanied asylum seeking children who reach 18

The following Local Government practice note Produced in partnership with Bronwen Jones of Goldsmith Chambers provides comprehensive and up to date legal information covering:

  • Asylum seekers with children under 18 and unaccompanied asylum seeking children who reach 18
  • Claim for asylum
  • Temporary support under IAA 1999, s 98
  • Support under IAA 1999, s 95
  • Support from the Home Office
  • The test for destitution
  • Support from the local authority
  • Supporting a destitute person under IAA 1999, s 4(2)
  • Supporting failed asylum seekers with children
  • Providing support when s 95 or s 4(2) support is discontinued to families with children
  • More...

Claim for asylum

A claim for asylum includes a claim under Article 3 of the European Convention on Human Rights (ECHR) where the applicant states that if removed to their country of origin, they will be tortured or subjected to inhuman or degrading treatment or punishment.

Since 6 April 2015, the right to an in-country appeal against the refusal of an asylum claim falls under section 82(1)(a) of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) (as amended by the Immigration Act 2014 (IA 2014)), as a decision by the Secretary of State 'to refuse a protection claim.' Grounds of appeal under section 84(1) are breach of the Refugee Convention; breach of obligations to those eligible for humanitarian protection and unlawfulness under section 6 of the Human Rights Act 1998 (HRA 1998).

Support can be provided under sections 4(2), (accommodation for former or failed asylum-seekers), 95 (support for destitute asylum-seekers and their dependants), or 98 (temporary support for asylum-seekers who may be destitute, and their dependants) of the Immigration and Asylum Act 1999 (IAA 1999) and by section 17 of the Children Act 1989 (ChA 1989).

According to the Home Office guidance, support under IAA 1999, ss 4(2), 95 or 98 will only be provided if an applicant is destitute or likely to be destitute within 14 days, which is determined on the basis that:

  1. they do

Related documents:

Popular documents