Child asylum seekers granted 72-hour notice of removal

High Court judge Justice Collins ruled that the 72-hour notice period before being removed from the UK for adults should also be applied to children.

The ruling came in a judicial review surrounding the UK Border Agency's treatment of two unaccompanied asylum seeker children, aged 15 and 16.

One of the girls was put on a flight to Italy without notice and was unable to contact a lawyer or social worker. On arrival in Italy she was kept in cell for several hours before being left destitute.

The other girl was taken from her foster carer's home in handcuffs but was stopped from being put on a plane to Italy at the eleventh hour after she managed to contact her solicitor.

The judicial review also found that the UK Border Agency breached its own guidelines by failing to assess the welfare issues surrounding removing both children from the UK.

RMJ chief executive Caroline Slocock said: "The case of these two girls shows that the UK Border Agency is not acting lawfully in failing to give children notice of removal and their treatment also suggests a surprising disregard for the welfare of children.

"Sweeping children up in dawn raids without notice, locking them in handcuffs and dumping them in a new country without even ensuring they will be properly cared for is inhumane and should be stopped."

Matthew Coats, UKBA's head of immigration, said: "The UK Border Agency sometimes withholds notice of removal from individuals it wishes to remove. On occasion, notice is withheld from minors where they have a history of absconding. This is particularly important as a minor who absconds would be particularly vulnerable. UKBA is reluctant to detain minors.

"On occasion the use of restraint may be authorised for those who have attempted to thwart removal. These decisions are not taken lightly and the welfare of the minor is always paramount. Any complaint regarding the use of force is taken extremely seriously."