Nemndmte Unaccompanied asylum seeking children Opphold p humanitrt

Nemndmøte Unaccompanied asylum seeking children Opphold på humanitært grunnlag Presentation 21 th June 2018 (sterke menneskelige Siril Berglund, advisor hensyn)

NOAS • • Norwegian Organisation for Asylum Seekers Founded by Annette Thommessen in 1984 Independent membership organization Working for an asylum policy based on humanism, rule of law and international obligations

Asylum process • Information and counseling for newly arrived asylum seekers • Legal aid • Advocacy

UASC • Legal guardian is assigned on arrival • Lawyer is assigned on arrival – Not the case with accompanied minors

Legal Guardians • Protect the child’s interests • Present at meetings with immigration and lawyers • Ensure they are provided with sufficient care • Do not themselves provide care • Research: – Inconsistent quality of standard – Need for evaluation

Types of decision • Refugee status – Individual grounds as per the Refugee Convention – ECHR article 3 – prohibiting torture etc. • Considered subsidiary protection in EU legal terms and not refugee status as Norway defines it • Humanitarian grounds – Health – Attachment to Norway ( «long-staying» children) – Lack of sufficient care (UASC)

Recent changes to the immigration law • Removing the «reasonable» -criteria when assessing the internal flight alternative • Consequence: more refugees are found to be excepted from refugee status because they can find protection elsewhere in the country – UASC = particularly affected by this – Instead many receive leave until 18, rather than «ordinary» leave to remain (HG) – Adults receive «ordinary» leave (HG) – not age limited like UASC

UASC- Lack of sufficient care in COO • Under the age of 16 – point of decision – Granted an «ordinary» leave to remain – If lacks identity documents, granted leave with limited rights issues • 16 -17 – Main rule: leave to remain until 18 – In some cases, can be granted «ordinary» leave to remain • If lacks identity documents, granted leave with limited rights issues

First instance decisions 2017 • Refugee status (individual grounds) – 202 UASC • Afghanistan, Syria, Eritrea and Somalia • Refugee status (security situation) – 54 UASC • Afghanistan • Humanitarian grounds (lack of sucificient care) – 141 UASC • Afghanistan • Discretionary leave to remain until 18 – 361 UASC • Afghanistan

Care arrangements • Differentiates between 0 -14 and 15 -17 – 0 -14: under the care of social services – 15 -17: reception centre for UASC • Different standards and quality of care, which illegitimately discriminates (NHRI)

Recent research - UASC • Missing children – 369 disappeared jan 2016 -april 2018 – 2016: 143 – 2017: 194 • Mental health issues due to DLR • Legal guardians • Lawyers lack child competency

Children’s rights in the Nordics • Report from UNICEF (English)