Anger as hundreds of children deported alone under EU rules

The government's use of European regulations has been criticised by organisations seeking to ensure the safety and wellbeing of asylum-seeking children.

Under the so-called Dublin Regulation, the UK can remove asylum seekers to their first entry point into Europe, provided it is an EU member, without the need for a formal assessment of their needs or of any asylum claim made in this country. In total, 445 children have been removed under these powers since 2004, 334 of whom were unaccompanied according to figures released in Parliament.

Serious concerns have been raised that the process contravenes Section 55 of the Borders, Citizenship and Immigration Act 2009, which came into force in November 2009 and requires the UK Border Agency to promote the welfare of children while carrying out its functions.

Judith Dennis, adviser on unaccompanied children at the Refugee Council, said the system was designed to simplify asylum procedures across Europe but was not constructed with children in mind.

"Children can be returned to another European country with no recognition of whether it is in their best interest," she said. "Children shouldn't just be moved around European countries for administrative convenience."

A parliamentary question, answered in March this year, revealed a total of 38 children, 36 of whom were unaccompanied, were removed by the UK Border Agency's Third Country Unit, in 2009 alone.

Melissa Perring, programme manager at the Children's Society, said the Dublin Regulation should not be applicable to children. "It [the process] makes them very vulnerable to mental health issues in this country due to the added anxiety," she said.

"It makes them vulnerable to harm should they choose to run away from care, and the UK is unable to adequately monitor their safety once they are in another country."

A Home Office spokeswoman said that under the regulation, unaccompanied children are only returned to the states that have signed the 1951 Refugee Convention and the European Convention on Human Rights.

"Such returns can only take place where minimum standards for the reception of asylum seekers are met," she said. "In particular, there is a focus on safeguarding the safety of children. Any decision to return a child is taken in accordance with these standards and in consultation with social services."

DUBLIN REGULATION

• The Dublin Regulation came into effect in September 2003, replacing the Dublin Convention, and was introduced to determine which state should be responsible for examining an application for asylum made within the EU
• The regulation aims to avoid the transfer of applicants between EU member states without any single state taking responsibility for determining the claim, known as "refugees in orbit", and the prevention of multiple claims in different member states, known as "asylum shopping"
• The UK Border Agency's Third Country Unit makes decisions on removals to third-party countries.

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