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 any public authority. It also extends the deadline for these children to appeal asylum decisions to 12 months after the initial decision is issued.
Description
This bill makes two key changes to existing laws:
Legal Advice
It mandates the Secretary of State to provide legal advice to unaccompanied asylum-seeking children promptly upon initial contact with any public authority. This advice must include access to Level 3 immigration advisors (registered with the Office of the Immigration Services Commissioner and able to represent clients at the First-Tier Immigration Tribunal). The government will cover the associated fees and costs.
Appeal Deadlines
The bill extends the time limit for unaccompanied asylum-seeking children to appeal asylum decisions. Regardless of their location (inside or outside the UK), they now have 12 months from receiving the initial decision to file an appeal.
Government Spending
The bill will increase government spending to cover the cost of providing legal advice to unaccompanied asylum-seeking children. The exact figure is not specified in the bill itself, but it is expected to add to the existing budget for immigration and asylum support.
Groups Affected
- Unaccompanied asylum-seeking children: Directly benefits from guaranteed legal representation and extended appeal deadlines, improving their chances of a fair asylum process.
- Public authorities (e.g., social services, police): Have a legal duty to ensure these children receive legal advice quickly.
- Level 3 immigration advisors: Will experience increased demand for their services.
- The Home Office (Secretary of State): Responsible for implementing the bill and covering associated costs.
- First-Tier Immigration Tribunal: Will see an increased number of appeals from unaccompanied children within the extended timeframe.
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