Streamlined Asylum Process for Children: Eligibility & Key Updates
In This Article
1. Overview of the Streamlined Asylum Process for Children
2. Eligibility Criteria Under the Streamlined Asylum Process
3. Streamlined Asylum Process: Key Differences for High-Grant Rate Countries
4. Notification and Initial Assessment in the Streamlined Asylum Process
5. Preliminary Information Meeting: What to Expect
6. The Preliminary Information Meeting: Next Steps and Outcomes
7. When a Substantive Interview is Needed in the Streamlined Asylum Process
8. What If I Am Not Fit to Be Interviewed?
9. Streamlined Asylum Process for Adults: Key Steps and Eligibility
10. Contact Our Immigration Barristers
11. Frequently Asked Questions
12. Glossary
1. Overview of the Streamlined Asylum Process for Children
In an effort to clear the asylum backlog, a streamlined asylum process was brought in initially in 2023. In essence, this involves children who are seeking asylum having a ‘Preliminary Information Meeting’ initially to see if the claim can be positively decided without the need for a substantive asylum interview. It is with the hope that the process can be sped up.
For children, the Streamlined Asylum Process was introduced in March 2023. For adults, the asylum claim process differs.
2. Eligibility Criteria Under the Streamlined Asylum Process
This will only apply to children seeking asylum from high-grant rate countries. They will, in most cases, not have substantive asylum interviews and will instead have shorter interviews called preliminary information meetings under the streamlined asylum process.
Applicants of other nationalities will be considered under the normal asylum process.
This policy applies to accompanied and unaccompanied (those in the UK without a parent or guardian) asylum-seeking children.
It will also apply to children who have turned 18 whilst awaiting a decision on their asylum application so long as the application was made prior to turning 18 years old.
3. Streamlined Asylum Process: Key Differences for High-Grant Rate Countries
Since grant rates fluctuate, these countries change. Currently, those included are Afghanistan, Eritrea, South Sudan and Sudan. The Migration Statistics provide further information on this. Notably, Vietnam has recently been removed from this list.
4. Notification and Initial Assessment in the Streamlined Asylum Process
The relevant Home Office team should initially identify appropriate asylum claims and inform the applicant that they are eligible. A notification letter will be sent informing the client, their legal representative if applicable and the Responsible adult that their case is being considered under the streamlined asylum process. This will include some introductory questions, including family background details.
5. Preliminary Information Meeting: What to Expect
This is a meeting attended by the asylum-seeking child, a Home Office representative and a Responsible Adult. An interpreter should be provided if required. If you have a legal representative, they can also attend.
The guidance states that these meetings should typically not occur until at least 2 weeks have passed from when an accompanied child has lodged an asylum claim or 2 weeks after an unaccompanied child has been taken into local authority care.
These meetings are typically carried out remotely but in-person meetings can be requested. The location is to be private and can be, for example, an office area within a local authority.
The decision-maker should initially confirm some details and there should be a written transcript, of which the applicant should receive a copy afterwards. Questions will then be asked relating to the basis of the asylum claim, any evidence submitted as part of the claim and to establish whether family tracing checks should be carried out. The child applicant can request a break, if needed.
6. The Preliminary Information Meeting: Next Steps and Outcomes
Once the Preliminary Information Meeting has been carried out, the decision maker will consider if asylum should be granted or whether further information is needed, for example, if there are issues to be clarified in a substantive interview.
Following the meeting, the child will be notified regarding next steps. If successful, a refugee status grant letter should be issued.
7. When a Substantive Interview is Needed in the Streamlined Asylum Process
It is not guaranteed that a substantive asylum interview will not take place. If, however, once a Preliminary Information Meeting has taken place, it is considered that a decision to grant refugee status can be made on the basis of the evidence available at this stage, then no substantive asylum interview will be deemed necessary under the streamlined asylum process.
It should be noted that if following the Preliminary Information Meeting, it is considered that there is sufficient evidence only for the lesser grant of Humanitarian Protection, then a substantive asylum interview will follow.
The purpose of this streamlined asylum process relates to the Home Office’s obligations under section 55 of the Borders, Citizenship and Immigration Act 2009, requiring them to carry out functions in a way that takes into account the need to safeguard and promote the welfare of children.
8. What If I Am Not Fit to Be Interviewed?
In addition to this process, paragraph 352 of the Immigration Rules separately sets out that where a child is unfit or unable to be interviewed, it is possible for a positive decision to be made without a substantive interview.
9. Streamlined Asylum Process for Adults: Key Steps and Eligibility
Yes, there is a separate streamlined process for adults. This process differs from the process set out above for children.
For adult streamlined claims, a screening process will first take place which is a typically brief interview. Following this, the decision maker can grant protection status, meaning refugee status or humanitarian protection, if possible without a substantive interview. If further information is required, an asylum questionnaire will be sent. Checks will then be carried out, including assessing whether any referrals are needed due to vulnerabilities.
The high-grant rate countries currently are nationals of Afghanistan, Eritrea, Libya, Syria and Yemen who claimed asylum before 7 March 2023 and Sudanese claims made on or after 28 June 2022 and before 7 March 2023. This is due to their high-grant rate of protection status.
The guidance makes clear that there are circumstances where personal interviews will still be required. It is encouraged that these interviews are targeted and short.
Streamlined asylum processing does not apply to inadmissible claims.
It is worth noting that the adult process will generally apply where the main claimant and any dependent children have the same grounds of alleged persecution which can be considered as part of a single asylum decision. Therefore, where it is appropriate, Family asylum claims can be processed through the Streamlines Process. Information regarding the dependent children will be gathered during the process.
10. Contact Our Immigration Barristers
For expert advice and assistance in relation to asylum applications and appeals contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
