Abdi, Dalmar and Ayan are three Somali children aged 7, 5 and 4
years, who were placed in local authority care after a court had granted
an emergency care order following a social worker's visit to the children's
family home where she found them neglected and at risk of physical and
emotional abuse from their mentally ill mother.
We identified that the children had been dependants on their mother's
asylum and human rights claim, that her asylum application had been
rejected and her asylum appeal dismissed. Therefore the children were
"failed asylum-seekers" with no right to remain in the UK. Whilst they
were now living with a foster family a final care hearing was to be held in
January 2008 to determine their future; clearly this would be dependant
upon their immigration status.
We concluded that it could argue that the children had become
"unaccompanied" asylum-seeking children by the fact that they had
been removed from their mother's care, were no longer dependent upon
her and were the responsibility of the local authority. As there children
were Somali there was a real risk of serious harm if they were forcibly
returned to Somalia. In particular Ayan would be at risk of female
circumcision. We, therefore advised the local authority solicitor that the
children should make asylum claims in their own right. The children
were too young to be interviewed by the Home Office and the Unit,
therefore submitted witness statements for them setting out their
grounds for remaining in the UK.
Two weeks after submitting the claim the Unit was amazed to hear the
news that the children would all be given leave to remain in the UK. The
children's status documents were issued before their final care hearing,
and now the local authority legal department can plan for their long-term
future knowing that they have security of status and rights and
entitlement to be, develop and grow in the UK. This outcome must be in
the best interests of the children.
years, who were placed in local authority care after a court had granted
an emergency care order following a social worker's visit to the children's
family home where she found them neglected and at risk of physical and
emotional abuse from their mentally ill mother.
We identified that the children had been dependants on their mother's
asylum and human rights claim, that her asylum application had been
rejected and her asylum appeal dismissed. Therefore the children were
"failed asylum-seekers" with no right to remain in the UK. Whilst they
were now living with a foster family a final care hearing was to be held in
January 2008 to determine their future; clearly this would be dependant
upon their immigration status.
We concluded that it could argue that the children had become
"unaccompanied" asylum-seeking children by the fact that they had
been removed from their mother's care, were no longer dependent upon
her and were the responsibility of the local authority. As there children
were Somali there was a real risk of serious harm if they were forcibly
returned to Somalia. In particular Ayan would be at risk of female
circumcision. We, therefore advised the local authority solicitor that the
children should make asylum claims in their own right. The children
were too young to be interviewed by the Home Office and the Unit,
therefore submitted witness statements for them setting out their
grounds for remaining in the UK.
Two weeks after submitting the claim the Unit was amazed to hear the
news that the children would all be given leave to remain in the UK. The
children's status documents were issued before their final care hearing,
and now the local authority legal department can plan for their long-term
future knowing that they have security of status and rights and
entitlement to be, develop and grow in the UK. This outcome must be in
the best interests of the children.
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Immigration Aid Manchester
Independent legal advice & representation from the
Greater Manchester Immigration Aid Unit
Independent legal advice & representation from the
Greater Manchester Immigration Aid Unit