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by Munro Research

Unaccompanied Asylum Seeking Children (Legal Advice and Appeals) Bill [HL]


Official Summary

A Bill to make provision for unaccompanied asylum seeking children to receive legal advice and for extending the deadline for an unaccompanied asylum seeking child to appeal an asylum decision

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Overview

This bill ensures unaccompanied asylum-seeking children in the UK receive legal advice as soon as possible after contact with a public authority. It also extends the deadline for these children to appeal asylum decisions to 12 months from the date of the decision.

Description

The bill amends existing legislation in two key ways:

Legal Advice

It mandates that the Secretary of State provide legal advice to unaccompanied asylum-seeking children promptly after their first encounter with any public authority (excluding courts and tribunals). This advice must include access to Level 3 immigration advisors (registered with the Office of the Immigration Services Commissioner) who can provide advice on asylum claims and represent children at the First-Tier Immigration Tribunal. The government is responsible for the associated fees and costs.

Appeal Deadlines

The bill extends the deadline for unaccompanied asylum-seeking children to appeal asylum decisions to 12 months after receiving the decision notice, regardless of their location (inside or outside the UK).

Government Spending

The bill will require government spending to cover the fees and costs of providing legal advice to unaccompanied asylum-seeking children. No specific figures are provided in the bill itself.

Groups Affected

The bill primarily affects:

  • Unaccompanied asylum-seeking children: They will receive guaranteed access to legal advice and a longer timeframe to appeal asylum decisions.
  • Public authorities: They have a role in ensuring children receive legal aid promptly.
  • Level 3 immigration advisors: They will be involved in providing legal services to this vulnerable group.
  • The Secretary of State: Responsible for implementation and funding of the legal aid provision.
  • First-Tier Immigration Tribunal: They will handle appeals from unaccompanied asylum-seeking children within the extended time limit.
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