Publications
National Assessments
The Irish national assessment - 2003[PDF]
IRELAND
ASSESSMENT PERIOD: April - June 1999
RESPONDENT(S):
Irish Refugee Council
40 Dominick Street Lower,
Phone: (353) (1) 8730042
Fax: (353) (1) 8730088
E-Mail: refugee@iol.ie
AGENCIES/INDIVIDUALS CONSULTED:
Twelve unaccompanied minors.
Ms Noeline Blackwell, Solicitor.
Ms Theresa Blake, Barrister at Law.
Mr Iain Brown Hovelt, Solicitor, Refugee Legal Service.
Mr Patrick Bolger, Community Welfare Officer, Eastern Health Board, Refugee Applications Centre.
Ms Margaret Burns, Chairperson, The Children’s Rights Alliance.
Mr Kevin Clarke, Assistant Principal, Asylum Division, Department of Justice, Equality and Law Reform.
Mr Eamon Corcoran, Assistant Principal Officer, Department of Health and Children. Child Care Policy Unit.
Mr Patrick Coughlan, School Principal, City of
Dr. B. Erwine
Mr Peter Finley, B.L.Appeals Authority.
Mr Michael Foster,
Ms Ursula Fraser, UNHCR
Ms Norah Gibbons, Child Care Director, Barnardos.
Mr John Hurley, Principal Officer, Immigration Division, Department of Justice, Equality and Law Reform.
Mr Sam Jerram, Protection Assistant, UNHCR
Mr Liam Kilbride, Community Liason Co-ordinator,
Mr Michael Lindenbauer, Senior Liaison Officer, UNHCR
Mr John Lohan, Principal Officer, Asylum Division, Department of Justice, Equality and Law Reform.
Mr Pól Ó’ Murchú, Solicitor.
Ms Marie Quirke, Chief Solicitor, Refugee Legal Service.
Ms Ann Shaw, Development Officer, The Children’s Rights Alliance.
Mr Niall Sheerin, Solicitor, Chris Ryan & Co.
Ms Brigitte Van Ryckeghem- Erwin, Teacher, St Patrick’s Cathedral Grammar School.
Ms Rosemary Walsh, Clinical Psychologist, Eastern Health Board.
Ms Jennifer Wilson, Irish Red Cross.
DOCUMENTS USED or REFERRED TO:
A. International Instruments.
UN Declaration on Human Rights, 1948.
Geneva Convention relating to the Status of Refugees 1951 and Protocol.
International Covenant on Civil and Political Rights, 1966.
International Covenant on Economic, Social and Cultural Rights, 1966.
International Convention on the Elimination of all forms of Racial Discrimination, 1966.
United Nations Convention on the Rights of the Child, 1989.
The 1996 Hague Convention on "Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children".
B. European Instruments and Policies.
The European Convention on Human Rights and Fundamental Freedoms, 1950.
The European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, 1987.
Dublin Convention 1990, determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities.
European Convention on the Exercise of Children’s Rights, 1996.
Council Resolution of
EU Resolution on Minimum Guarantees for Asylum Procedures, 1995 [para 26 -27] "Additional Safeguards for Unaccompanied minors".
C. National Instruments.
Child Care Act, 1991 [No.17 of 1991]
Refugee Act, 1996 [No. 17 of 1996]
Children Bill, 1996.
Children Act, 1997 [No. 40 of 1997]
Procedures for processing asylum claims. Department of Justice, Equality and Law Reform [1997 as amended 1998]
Immigration Bill, 1999.
Education Act, 1998 [No.51 of 1998]
Adoption Act, 1998 [No. 10 of 1998]
Protection of Children [Hague Convention Bill] 1998.
Illegal Immigrants (Trafficking) Bill, 1999.
D. Guidelines and Recommendations.
UNHCR Handbook on Procedures and Criteria for Determining Refugee Status. Geneva, January 1992.
UNHCR Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum. [1997]
UNHCR Training Module on Interviewing Applicants for Refugee Status. [1995]
UNHCR Community Services Guidelines. Working with Unaccompanied Children. A Community-based Approach. [1996]
Executive Committee of the UNHCR Programme. Conclusions on Refugee Children, [EXCOM No. 47, 1987] and [EXCOM No. 59, 1989].
European Council on Refugees and Exiles (ECRE). Position on Refugee Children. [1996]
Canadian Refugee Board. Child Refugee Claimants: Procedural and Evidentiary Issues. 1996
E. General Literature.
Begley, Michael & Others. Asylum in Ireland. A Public Health perspective. Dublin, 1999.
Byrne, Rosemary & Duncan, William. Developments in Discrimination Law in Ireland and Europe. Irish Centre for European Law. Trinity College Dublin. Dublin,1997.
IGC (Secretariat of the Inter-Governmental Consultations on Asylum, Refugee and Migration Policies in Europe, North America and Australia). Report on Unaccompanied Minors. Overview of Policies and Practices in IGC Participating States. July 1997.
ILPA(Immigration Law Practitioners’ Association). Unaccompanied Refugee Children. Questions and Recommendations arising from a conference: London 26 & 27 November 1992.
Kilkeny, Dr Ursula. "The UN Convention on the Rights of the Child: An Introduction".
Netherlands Red Cross. Report. European Red Cross Seminar. "Integration of Unaccompanied Minors", 17-20 September 1998, The Netherlands.
Rutter, Jill & Hyder, Tina. Save the Children & The Refugee Council. Refugee children in the early years: issues for policy-makers and providers. United Kingdom, 1996.
The Children’s Rights Alliance. Seen and Heard. Promoting and Protecting Children’s Rights in Ireland. 1996.
The Children’s Rights Alliance. Small Voices: Vital Rights. Submission to the United Nations Committee on the Rights of the Child. 1997.
The Council for Social Welfare.The Rights of the Child: Irish Perspectives on the UN Convention. Papers of a Conference held in Dublin on 20 November 1990 to mark the First Anniversary of the Adoption by the United Nations General Assembly of the Convention on the Rights of the Child.
The International Journal of Children’s RightsVolume 5 No.2 1997. Kluwer Law International.
The Refugee Council.Helping Refugee Children in Schools. London.
The Refugee Council.Planning for children’s needs; asylum seeking children and child care policy. Report of a seminar held in June 1996. London.
UNICEF. The state of the world’s children 1997. Oxford Publications.
TABLE OF CONTENTS
Definition of "separated child"
1. Access to the territory
2. Identification
3. Appointment of Guardian or Adviser
4. Registration and Documentation
5. Age Assessment
SECOND PAGE
6. Detention
7. Right to Participate
8. Family Tracing and Contact
9. Family Reunification in a European Country
10. Interim Care ? Health ? Education and Training
11. Refugee determination process
THIRD PAGE
12. Durable Solutions
13. Data collection
14. International instruments
15. Consultation with separated young people
16. Political level ? support for change
DEFINITION OF "SEPARATED CHILD" (SGP: A 2.1)
a)Please give details of the definition used in your country. Different agencies may apply different definitions. Please give details of this.
Prior to 1996 the numbers of asylum seekers arriving in Ireland were relatively small () and asylum applications were processed in accordance with the principles of the December 1985 letter (known as the Von-Arnim letter) sent from the Department of Justice, Equality and Law Reform to the United Nations High Commissioner for Refugees in London. The letter established that an application for asylum in Ireland was to be examined in accordance with the 1951 Geneva Convention relating to the Status of Refugees and the 1967 Protocol.
In June 1996, the Refugee Act 1996 was signed into law however it has not been fully implemented and to date only six sections have been enacted. Owing to the increase in the number of asylum applications and pending the full implementation of the Refugee Act 1996, the Department of Justice, Equality and Law Reform introduced in December of 1997 new non-statutory administrative procedures to deal with applications for asylum in the State: these were amended in March 1998().
Up until the summer of 1997, there was no legal aid for asylum seekers in the State. Subsequently a scheme was set up for the provision of legal aid at appeal stage amounting to £120 per case. In February 1999 the Legal Aid Board set up the Refugee Legal Service offering legal advice and representation to asylum seekers at all stages of the procedure () at the normal legal aid fee.
None of the above mentioned statutory instruments or administrative procedures contain any specific provision on separated children seeking asylum in Ireland. According to the Section 8.5(a) of the Refugee Act 1996, a child under the age of eighteen who is not in the custody of any person will be referred to the Health Board and will be protected under national legislation and the Child Care Act of 1991. This Section of the Refugee Act 1996 has not been implemented as yet, however it forms part of the Immigration Bill 1999(). The Asylum Division of Department of Justice, Equality and Law Reform have stated that the Section is operating in practice.
Statutory responsibility for children’s affairs in Ireland is shared by different government departments: the Department of Health, Education, Social Welfare and Justice, Equality and Law Reform. It has been stated that these government departments have had the tendency to work in an uncoordinated manner in relation to children’s affairs (). The situation improved when a Minister of State with special responsibilities for children was appointed in 1994. Two main developments have taken place since the appointment of the Minister of State: the implementation of the Child Care Act, 1991 and the publication of the Children Bill, 1996, which revises legislation in relation to children in conflict with the law.
For the purposes of both the Child Care Act, 1991 and the Children Bill, a child is defined as every person under the age of eighteen years. Although there is no statutory definition of a separated child it can be concluded that the UNHCR definition () would apply to separated children in Ireland. According to UNHCR a "separated child or young person" is an alien under the age of eighteen, "who is separated from both parents and is not being cared for by an adult who by law or custom has responsibility to do so." Approximately 32 separated children are seeking asylum in Ireland ().
b) Are children with older siblings over 18 years of age considered to be separated children? Please refer to Annex II of UNHCR Guidelines 1997.
Two aspects shall be examined when assessing if minors with older siblings are considered to be separated; these are the processing of their asylum claim and their interim care arrangements.
Owing to the small numbers of separated children seeking asylum in Ireland the Department of Justice, Equality and Law Reform has no formal policy in place regarding separated children who have older siblings seeking asylum. With regard to the processing of their asylum claim the Department of Justice, Equality and Law Reform may process the claim separately or jointly with their siblings depending on the particulars of the individual case. According to the Asylum Division if the sibling is in custody of the minor and if their applications are substantially similar their applications will be jointly examined.
Interim care measures are the function of the Health Board whose mandate it is to promote the welfare of children in their area who are not receiving adequate care and protection. According to the Child Care Act 1991 (), the Health Board shall identify children who are not receiving adequate care and protection and as such is responsible for the assessment of the suitability of the siblings to have custody of the child. Information is not available as to whether the Health Board is assessing if siblings are able and suitable to assume responsibility for the care of the separated child.
c) To what extent does this conform to the Statement.
In relation to the definition of a separated child, it would appear that government department’s practice is in conformity with the Statement of Good Practice. According to the Asylum Division of the Department of Justice, Equality and Law Reform, UNHCR Guidelines regarding minors accompanied by adults who are not their parents or legal guardians or who are not in the company of a suitable care giver () are followed.
Asylum Division sources have stated that the suitability of attaching a child’s claim to that of an adult will be determined after an assessment of the circumstances. A decision on whether the claim should be assessed individually or jointly will be made.
In relation to care arrangements it is the Health Board’s responsibility to evaluate the nature of the relationship with older siblings and whether the sibling would be a suitable caregiver fulfilling his/her responsibilities towards the child. The Health Board should be satisfied that the caregiver has the maturity, commitment and experience to adequately assume this responsibility. No information was made available as to whether the Health Board fulfils its obligations as outlined in the Child Care Act 1991 and the Convention on the Rights of the Child 1991, with regard to separated children.
d) Are any changes needed? In relation to any first principle?
Non-governmental organisations dealing with refugees and children advocate the inclusion of the definition of separated children within domestic legislation dealing with asylum seekers, refugees and children in general. They also recommend that formal policy be developed in relation to separated children to ensure their full protection and uniformity of procedures and practices.
1. ACCESS TO THE TERRITORY (SGP:C1)
a) Please describe relevant law, policy and practice in your country.
Ireland has no specific laws or policies in relation to separated children arriving in the territory. In general non-nationals who are not holding the required visa are refused entry to the State unless it is made clear to immigration official that the individuals intention is to claim asylum. This practice has also been applied in the cases of separated children arriving in the State.
In general, Section 8(5) of the Refugee Act () would be implemented administratively by the Immigration Division where separated children present themselves at a point of entry. Section 8(5) (a) states the following:
"Where it appears to an immigration officer that a child under the age of 18 years who has arrived at the frontiers of the state is not in the custody of any person, the immigration officer shall, as soon as is practicable, so inform the health board in whose functional area the place of arrival is situate and thereupon the provisions of the Child Care Act 1991, shall apply in relation to the child."
In particular Article 4(1) of the Child Care Act states that:
"Where it appears to a health board that a child who resides or is found in its area requires care or protection that he is unlikely to receive unless he is taken into care, it shall be the duty of the health board to take him into its care under this section".
The two above mentioned Acts suggest that separated children who present themselves to immigration officials at points of entry would be placed in the care of the Health Board in which the point of entry is located. However, given that the above mentioned provision of the Refugee Act is not legally binding but only has administrative effect, there is no guarantee that the provisions as outlined in 1.1 of the Statement of Good Practice would be enforced. It is also notable that the guidelines given to immigration officers by the Minister for Justice, Equality and Law Reform do not contain any provision in relation to dealing with separated children arriving at a point of entry.
Under the provisions of the Immigration Bill of 1999, a separated child may be interviewed by an immigration officer at point of entry (). The provisions of the aforementioned amendments do not guarantee the right to translation or interpretation (); the amendment states that an interpreter will be provided, "where necessary and possible". There is no provision for access to a social worker, guardian or care person to attend at this interview with the separated child. The immigration officer is entitled under the provisions to ask the separated child a number of detailed questions.
Under the provisions outlined in the Immigration Bill 1999, regarding the detention of persons for immigration reasons, detention of minors is precluded. It is notable however that there is no provision for age assessment should there be a doubt regarding the age of the individual. This is left to the discretion of the immigration officer or Garda Síochána (Republic of Ireland Police Force).
b) To what extent does this conform to the Statement? Please outline in brief.
In light of the fact that there is no binding legislation regarding separated children’s access to the territory, it is not clear whether the "best interests of the child" are a "primary consideration". Furthermore there is no guarantee that separated children would be provided with suitable interpreters who speak a language they understand at a point of entry. The Immigration Bill of 1999 () legislates for the provision of interpreters "where necessary and possible" rather than a requirement and right before refusing a separated child entry to the State.
The possibility of lengthy interviews being conducted at point of entry by immigration officers exists and it is also notable that these interviews may be conducted without the presence of a legal representative or care person to protect the best interests of the child.
c) Are any changes needed? In relation to any first principle?
There is no legislation to guarantee that separated children will not be refused entry or returned at a point of entry. Furthermore non-governmental organisations and children’s rights organisations recommend that detailed interviews should not take place at point of entry and in no circumstances should interviews with separated children be held in the absence of a legal representative and/or care person.
d) Please also indicate whether your country has ‘carrier liability legislation’ whereby airlines, train and boat companies can be fined if they bring in someone without proper documentation. Is this applied to children and young people under the age of 18?
At present there is no carrier liability legislation in place in Ireland. However there is an intention to create incentives for hauliers to search their vehicles.
Trafficking (SGP. C1.2)
e) Are you aware of any children being trafficked for purposes of exploitation into your country? If so please give brief example(s) stating if possible the country of origin and nature of trafficking. Please also give examples where children have travelled along trafficking routes in order to apply for asylum.
There is no record of children being trafficked for the purposes of exploitation into Ireland.
f) Have any measures been taken by the state to combat trafficking of any sort?
The Government introduced the Illegal Immigrants (Trafficking Bill) in June 1999 ().
The Bill’s purpose is to create an offence of trafficking immigrants and to provide a framework by which those engaging in trafficking of illegal immigrants can be dealt with under the law (). The proposed legislation defines a "trafficker" as a person who organises or knowingly facilitates the entry into the State of a person he or she knows or has reasonable cause to believe to be an illegal immigrant ().
The penalties imposed under the Bill are summary conviction of a fine not exceeding 1,500 Irish pounds or imprisonment for a term not exceeding 12 months or both. The proposed penalty of conviction on indictment is an unlimited fine or imprisonment of a term up to ten years or both ().
2. IDENTIFICATION (SGP: C2)
a) Please describe relevant law, policy and practice in your country.
According to Section 8 (5) of the Refugee Act 1996, as amended by Section 11(c) (iv) of the Immigration Bill, 1999, immigration officers shall refer unaccompanied children to the Health Board in the functional area of the place of arrival. Where it appears to the Health Board that an application for asylum should be made by or on behalf of the minor, the Health Board shall arrange for the appointment of an officer of the Health Board or another person as it may determine to lodge an application.
The Department of Justice, Equality and Law Reform has provided immigration officers at ports of entry with written guidelines which set out the statutory definition of a refugee contained in Section 2 of the Refugee Act, 1996 and the procedures for dealing with applications for asylum. There are no provisions set out in the guidelines regarding the referral of separated children to the Health Board ().
In practice, applicants seeking asylum at ports of entry are referred to the Refugee Applications Centre which is comprised of the Asylum Division of the Department of Justice, Equality and Law Reform, the Refugee Unit of the Health Board and the Refugee Legal Service. Once in the Refugee Applications Centre the minor will be in the position of lodging an application for asylum unless he or she has already done so at the port of entry. The minor will also be given the asylum questionnaire. The minor will be referred to the Refugee Unit of the Health Board who will place him or her in emergency accommodation. Separated children seeking asylum are referred to the Clonskeagh Health Centre who deal with their general social welfare related queries.
b) To what extent does this conform to the Statement? Please outline in brief.
Immigration officers at ports of entry have not been instructed to identify separated children and young people entering the State. Once the minor has been allowed to enter the asylum procedure two independent assessments are made. The first one is the responsibility of the Department of Justice, Equality and Law Reform and relates to the examination of the claim and whether to the claim should be processed separately or jointly with the adult. The second one is made by the Health Board and refers to the interim care arrangements.
c) Are any changes needed? In relation to any first principle?
As recommended by the UNHCR (), it would be desirable that procedures are put in place to identify separated children arriving at points of entry. Furthermore where children are accompanied by adults who are not their parents special care should be taken to assess the suitability of the caregivers.
Increased efforts at information sharing between the agencies dealing with separated children, within the boundaries of confidentiality, would allow for a higher standard of protection for separated children at point of entry. Information sharing mechanisms should continue during the asylum process ().
3. APPOINTMENT OF GUARDIAN OR ADVISER (SGP:C3)
a) Is a guardian or adviser appointed?
The guardian system in Ireland is provided for under Section 26 of the Child Care Act 1991, stating as follows:
"the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so appoint a guardian ad litem for the child…"
The practice in Ireland is that the identification of a separated child does not infer the appointment of a guardian. There have been very limited appointments of guardians or advisors and in all cases the Courts have appointed them for the purpose of instigating judicial review proceedings. Such appointments would have never taken place without the instigation of legal proceedings or the initiative of non-governmental organisations.
Where the child has not been appointed a legal guardian, separated children are in the care of the Health Board social workers. It has been stated by an expert child care organisation that separated children are not actually "in care" but are "under the care" of the Health Board.
Section 8 (5) (b) of the Refugee Act 1996 as amended by Section (c) (iv) of the Immigration Bill states as follows ():
"Where it appears to the health board concerned, on the basis of the information available of it, that an application for a declaration should be made by or on behalf of a child referred to in paragraph (a), the health board shall arrange for the appointment of an officer of the health board or such other person as it may determine to make the application on behalf of the child"
The administrative procedures of 1997, under which the Department of Justice, Equality and Law Reform operates asylum procedures, do not contain any reference to the appointment of a guardian to a separated child. There is no appointment of an adviser and in many cases this role is taken in an informal manner by non-governmental organization workers and legal representatives who offer the child support where and when necessary.
b) If so what is their role?
The guardian ad litem works as an independent advocacy service to the courts. The guardians are court appointed and their function is to report to the court from the child’s point of view to try to influence a care plan for the child. The appointment has been described by Barnardos as a "short term assessment for the purpose of court hearings, it is not an ongoing support service but rather a specific assessment task". Other roles of the guardian ad litem, where appointed, have included preparation of reports on the child for submission to the Department of Justice, Equality and Law Reform both at initial and at appeal stage and serving as a witness in court and appeal hearings.
In the absence of immediate appointments of legal guardians to all separated children arriving in the State, the role of advisers has been taken on to some extent at a modest level by non-governmental organisations. The Irish Refugee Council are currently running a sub-project funded by the UNHCR with special emphasis on refugee children. In this way the IRC has a strong role in relation to attempting to ensure that a separated child is afforded all the rights outlined in the Statement of Good Practice.
c) How soon after arrival are they normally appointed ?
Owing to the fact that only a minority of separated children entering the State has currently been appointed a guardian ad litem there is no clear time limit on when the appointments have been made. Of the separated children who have had guardians appointed, some of them have been appointed at appeal stage, after refusal at the first instance of the procedure and others prior to this. A small number of separated children have been appointed a guardian for the purpose of judicial review proceedings. The appointment may be made at any stage of the asylum procedure or it may not be made at all.
d) What kind of background and expertise do guardians/advisers have?
Project sources have informed us that only a small number of guardians have been appointed for separated children in the State. These guardians have been secured from children’s rights organisations: that is Barnardos and the Irish Society for the Prevention of Cruelty to Children (ISPCC). In the case of Barnardos, the guardians are employed by Barnardos but work independently of the organisation. As such the persons appointed would have experience in the area of child care and guardianship. Persons appointed as guardian ad litem will not necessarily be informed of refugee issues pertaining to separated children or issues such as child specific forms of persecution. There is no program of specialized training for persons that have been appointed as guardians for separated children and in general an appointed guardian will not have previously dealt with the issue of separated children.
e) To what extent does this conform to the Statement? Please outline in brief.
The legislation and the practice in general do not conform to the Statement. A guardian or adviser is not appointed for a separated child as soon as they are identified and as stated previously where appointments have been made the trend is that they occur later in the procedure; for example after first instance refusal or at appeal stage. There is no provision for training in relation to the special needs of separated children, particularly with a view of developing cultural understanding.
f) Are any changes are needed? In relation to any first principles?
The majority of legal practitioners and child care organisations consulted have stated that the lack of appointment of a guardian or adviser is not in the best interests of the child. They advocate that once a separated child has been identified he or she should be immediately appointed a guardian to protect his or her interests.
Relevant organisations and persons consulted have stated that training is imperative in relation to the special needs of separated children. Barnardos underlined the importance of the development and adoption of national standards for guardians as have been adopted in the United Kingdom.
4. REGISTRATION AND DOCUMENTATION (SGP: C4)
a) Please describe the relevant law, policy and practice in your country?
Section 8 (5) (a) of the Refugee Act and the Immigration Bill 1999 deal with children under the age of 18 arriving at the frontiers of the State. The Immigration Bill outlines that should this situation arise:
"...the officer shall, as soon as practicable, so inform the health board, in whose functional area the child is and thereupon the provisions of the Child Care Act, 1991, shall apply in relation to the child. ()"
The Child Care Act, 1991, itself does not deal specifically with the registration and documentation of a separated child arriving in the State. The administrative procedures of 1997 (under which asylum procedures currently operate) do not make mention of applications for asylum by separated children nor do they detail their registration and documentation.
As outlined previously, the Minister for Justice, Equality and Law Reform has drawn up guidelines for immigration officers at points of entry, in relation to procedures for dealing with persons who apply for refugee status. There is no mention of applications for asylum by separated children in this guidelines or the registration and documentation of separated children in the State.
Immigration sources have stated that if an application for asylum is made by a minor at point of entry, the applicant would be expected, as far as is possible, to complete the preliminary questionnaire for the purposes of determining whether the application is to be examined under the Dublin Convention (Implementation) Order 1997.
The questionnaire covers the applicant’s family details, details of residency documentation, visas or permission to land, details of the applicant’s journey to Ireland, the name of the applicant, the details of any previous asylum claims and the reason that the applicant wishes to seek asylum in Ireland. The final part of the questionnaire contains a statement by the interviewer on the results of a search for documentation, the observation of the applicant arriving from another EU State, details of statements made prior to the interview and other relevant details.
There is no specific protocol in relation to separated children. If the individual arrives during working hours the Department of Justice, Equality and Law Reform will be notified that they have made an application for asylum and the individual will be referred to the Asylum Division for the second stage of registration. If the child arrives outside working hours, the Eastern Health Board operates an emergency accommodation phone service and immigration officers at point of entry would contact the service to organise accommodation for the arrival. This referral will take place over the phone and the child will be brought to the accommodation. This procedure does not vary in relation to an adult or child applicant. There is no appointment of a guardian or adviser during registration and documentation.
Once the child is removed from the point of entry to the Asylum Division they will be interviewed by the administrative staff of the Department of Justice, where they will be asked questions for the purpose of completing an ASY 1 Form. Department of Justice, Equality and Law Reform sources have stated that administrative staff has not been provided with specific guidelines or procedures on separated children. The staff is however expected to make a judgment on the relative maturity of the minor.
The questions asked for the completion of the ASY 1 Form include the applicants name, date of birth, sex, marital status, nationality, place of birth, language, information on the documents in possession of the individual, the address in the country of origin and in Ireland (if applicable), the details of the nuclear family, travel details of the applicant, date of departure and arrival and any additional information.
The administrative staff will also ask the person to explain in general terms why they have applied for asylum. The questions at this point are very similar to those required by the Dublin Convention Preliminary Questionnaire (DCIF Form) filled out at point of entry. The administrative staff will for the most part have access to this form while completing the ASY 1 Form.
The minor will then be referred to the Eastern Health Board and the Health Board official will be informed that the minor is unaccompanied in the State. The minor will be allocated accommodation, referred to the Medical Unit and will receive an explanation of the social welfare system. A minor is informed of the Eastern Health Board Psychology Service for refugees and asylum seekers. The applicant is also referred to the social work unit dealing specifically with separated children (Community Care Area No. 7).
b) To what extent does this conform to the Statement? Please outline in brief.
The practice does not conform to the Statement in that the minor is not assigned a guardian or adviser before he or she undergoes registration and documentation. It would appear that if the minor has passed through another EU State before entering Ireland he or she will be asked to complete the Preliminary Questionnaire for the Dublin Convention outlined above. This practice is not in conformity with the Statement recommending that "immigration officials should limit their interviews to gathering basic information on the child’s identity"(). Immigration sources have stated that "due care" is given to a minor completing the questionnaire.
The complete social history of the child may not be recorded by any person as the child will not be assigned a guardian or adviser after making an application for asylum in the State. Non -governmental organisations, such as the Irish Refugee Council, may have the opportunity to encourage the recording of the social history of the child. However the "care duties" that the non-governmental organisation has towards the child are not in the formal capacity of guardian or adviser.
In relation to persons dealing with registration and documentation, the UNHCR Dublin have stated that training has taken place for border guards, border officials, some members of the Aliens Registration Office and the administrative staff of the Asylum Division. The training includes an introduction to the 1951 Geneva Convention, focusing on non- refoulement. The training does also include an introduction to issues surrounding separated minors in the asylum procedure but does not include interviewing techniques.
c) Are any changes needed? In relation to any first principle?
The most pressing change needed would appear to be the appointment of a guardian ad litem to allow the procedure of registration and documentation to be initiated.
Where a separated child has passed through a EU country he or she will be asked to complete the Dublin Convention Preliminary Questionnaire (DCIF). The applicant will be asked for the reasons for making an application for asylum. Non-governmental organizations dealing with separated children recommend that, where more detailed information is requested, a guardian or care giver must be present.
In relation to training, it can be seen that the UNHCR have carried out basic refugee training for the immigration officials and the administrative staff of the Department of Justice, Equality and Law Reform. Both non-governmental organisations and the Refugee Legal Service advocate that the individuals dealing with separated children should be fully trained in the issues pertaining to separated children and particularly with respect to cultural issues. Non-governmental organisations and the Refugee Legal Service further advocate the setting up of a core group of staff both at point of entry and at registration and documentation stage.
5. AGE ASSESSMENT (SGP:C5)
a) Please describe relevant law, policy and practice in your country.
At present there is no legislation or policy in place with regard to the age assessment of an asylum seeker claiming to be under 18 years of age.
According to the Asylum Division and the Eastern Health Board in the Refugee Application Centre all separated children claiming to be under the age of 18 have so far been treated as such.
b) To what extent does this conform to the Statement? Please outline in brief.
To date, the practice with relation to age assessment has been to assume that someone claiming to be under 18 will be treated as such. This would therefore comply with the Statement of Good Practice.
c) Are any changes needed? In relation to any first principle?
It is recommended that in the eventuality of more separated children arriving in the State, the practice of giving the individual the benefit of the doubt should be continued. In the event of a reasonable doubt arising, the minor should be referred to a professional with appropriate expertise and familiarity with the ethnic/cultural background of the child for an independent age assessment as soon as possible.