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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 and extends the deadline for them to appeal asylum decisions. It aims to provide better support and protection for vulnerable children navigating the asylum system.

Description

The bill makes two key changes:

Legal Advice

It mandates the Secretary of State to provide legal advice to unaccompanied asylum-seeking children as soon as a public authority encounters them. This advice must include access to Level 3 immigration advisors (registered with the Office of the Immigration Services Commissioner) who can represent them at the First-Tier Immigration Tribunal. The government will cover the associated fees and costs.

Appeals Deadline

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

Government Spending

The bill will lead to increased government spending on legal aid for unaccompanied asylum-seeking children. The exact figure is not specified in the bill itself, but it will cover the fees and costs associated with providing legal advice and representation.

Groups Affected

  • Unaccompanied asylum-seeking children: They will directly benefit from guaranteed legal advice and a longer appeals window, improving their chances of a fair hearing and appropriate protection.
  • Public authorities (e.g., social services, police): They will have a legal duty to ensure these children receive legal advice promptly.
  • Level 3 immigration advisors: They will see increased demand for their services.
  • UK Government: Will incur increased expenditure on legal aid for this specific group.
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