Legal Q&A: What is Section 67?

Section 67 of the Immigration Act 2016 (sometimes known as the "Dubs amendment") placed a requirement on the Home Office to "make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from other countries in Europe". The government has committed to transferring 480 children from France, Greece and Italy under section 67.

What does section 67 leave mean for a child?

The new immigration rule creates a form of leave (permission) to remain in the UK. It is granted if the child is refused asylum (refugee status). Someone brought to the UK under section 67 will still need to go through the asylum process, although this looks like it will change in the future (see below). Section 67 leave would last for five years, and give the holder the right to study, work, and to access public funds and healthcare.

Is it different to refugee status?

Although the length of leave, route to settlement (indefinite leave to remain), right to work and benefits is the same, there are a few differences. To start with, the child will not be recognised as a refugee. Young people granted section 67 leave will require three years' ordinary residence before they are entitled to a student loan. They will not be able to obtain a refugee travel document. Those with section 67 leave will be able to apply to settle in the UK permanently after five years but the criteria is slightly different. Children or young people granted section 67 leave do get an appeal right as asylum applicants. However, the only way to challenge a refusal to grant section 67 leave or indefinite leave to remain following section 67 leave is judicial review.

Are there any further changes?

In July, the then Home Secretary Sajid Javid stated the future intention that section 67 leave would be granted automatically - either to those arriving under section 67 or those here already if still going through the asylum process. This is not yet in force but a date should be announced in the future.

Do you have any questions?

Coram Children's Legal Centre has a range of legal information on its website on areas such as asylum, immigration, child family and education law. Please visit www.childrenslegalcentre.com