Fears over secret asylum advice

By Sarah Cooper Wednesday, 21 May 2008

The government is refusing to make public its guidance to immigration officials on when failed asylum-seeking children can be deported, raising fears about their safety.

Kamena Dorling, Children's Legal Centre

CYP Now has learned the guidance was issued to immigration workers dealing with unaccompanied asylum-seeker children on 26 March. But the Children's Legal Centre is concerned that no-one outside the UK Border Agency has seen the guidance, so it is not known whether full research is being undertaken into child protection arrangements in their home country.

Kamena Dorling, researcher for the Children's Legal Centre, requested to see the guidance under the Freedom of Information Act, but was refused.

She said the refusal to make the guidance public means no-one knows what criteria are being used to decide when children who have been refused asylum, humanitarian protection or discretionary leave are sent back or if child protection procedures are being taken into account.

"Our concern is children are being sent back to their country of origin without any guarantee there is proper child protection in their country," she said.

Dorling said it also raises concerns about the transparency of the services provided by the UK Border Agency.

In its response to the Freedom of Information request, the UK Border Agency said the centre would have to wait for the information to be published as part of Processing Asylum Applications from Children guidance, which is due later this year.

It claimed there are also public interest reasons such as the agency being able to publish information in a manner it chooses.