The Law Library of Congress, Global Legal Research Center

(202) 707-5080 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov

Provisions on Child Asylum 

Seekers in Selected Jurisdictions

May 2018
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
Contents

I. Introduction ...............................................................................................................................1 

II. Jurisdictional Surveys .............................................................................................................2 

Australia .....................................................................................................................................2 

Canada........................................................................................................................................3 

European Union .........................................................................................................................5 

France .........................................................................................................................................7 

Germany .....................................................................................................................................8 

Italy ..........................................................................................................................................10 

Sweden .....................................................................................................................................12 

United Kingdom.......................................................................................................................14 
The Law Library of Congress 1

Provisions on Child Asylum Seekers 

Prepared by the Staff of 

the Global Legal Research Directorate

I. Introduction 

This report surveys the laws of eight democratic foreign jurisdictions with respect to whether there 

are special laws concerning children asylum-seekers, particularly unaccompanied children. 

Covered jurisdictions include the countries of Australia, Canada, France, Germany, Italy, Sweden, 

and the United Kingdom, as well as the European Union (EU). 

As discussed more fully in the jurisdictional surveys, all of the jurisdictions covered in this report 

have provisions treating asylum-seeking minors differently from asylum-seeking adults. The EU 

requires Member States to make protecting the best interests of the child a primary consideration 

when applying asylum law. Member States must provide unaccompanied minor asylees with legal 

guardians or representatives; must make the health, including mental health, a primary concern; 

and may detain minors only in exceptional circumstances as a last resort in age-appropriate 

accommodations. Australian law requires a legal guardian or custodian be appointed for 

unaccompanied children seeking asylum, and provides that they should be accommodated within 

the community wherever possible. Canadian law mandates consideration of a child’s best interests 

in immigration matters, and minors are to be detained only as a measure of last resort. In France, 

unaccompanied alien children may stay in France without a residency permit until they reach 

eighteen years of age, and France’s general law for child protection services applies to them. 

Germany’s asylum law requires protection of the best interests of the child, which entails, among 

other things, temporary custody and services by the Youth Welfare Services agency of the German 

state in question. Italy has a specific law for asylum and humanitarian protection of 

unaccompanied foreign minors that establishes extensive protective measures. Under Swedish 

permanent law, unaccompanied minors, unlike adults, generally qualify as in need of “other 

protection” and are eligible for permanent residence permits, as well as significant protections for 

children; even under a temporary law enacted in response to the 2015 refugee crisis, 

unaccompanied minors are generally allowed to remain in Sweden until adulthood. In the UK, a 

specific provision requires the government to safeguard and promote the welfare of children when 

discharging all functions associated with immigration and asylum. 

 
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II. Jurisdictional Surveys 

Australia 

All noncitizens who enter Australia without a valid visa, including child asylum seekers, are 

subject to mandatory detention under the Migration Act 1958 (Cth),1

 although the legislation states 

that the detention of minors must be a measure of last resort.2 An additional law does apply to 

unaccompanied minors, being the Immigration (Guardianship of Children) Act 1946 (Cth).3

 This 

law provides for the Minister of Immigration and Border Protection to be the legal guardian4 of 

unaccompanied children who arrive under Australia’s humanitarian immigration program or seek 

asylum upon arriving in Australia, although this role is generally delegated to state and territory 

child welfare agencies along with certain officers in the Department of Home Affairs.5

 The 

legislation also allows the Minister to appoint custodians to care for such children.6

In previous years, a number of unaccompanied asylum-seeking minors were detained in 

immigration detention centers or at the offshore processing center in Nauru.7

 According to figures 

provided by the Australian Parliamentary Library, in the 2012–13 fiscal year the number of such 

children in detention facilities reached as many as 1,900.8 Under current policies, communitybased accommodation is found for nearly all unaccompanied children; in the 2015–16 fiscal year 

there were fewer than five unaccompanied children in detention facilities.9 According to the 

Department of Home Affairs, 

[w]here an unaccompanied minor is held in detention, including in an Alternative Place of 

Detention, we ensure that appropriate support services are available. These are provided 

 

1

 Migration Act 1958 (Cth) pt 2 divs 6 & 7, https://www.legislation.gov.au/Details/C2017C00384, archived at 

https://perma.cc/G352-J98X. 

2 Id. s 4AA. 

3

 Immigration (Guardianship of Children) Act 1946 (Cth) (IGOC Act), https://www.legislation.gov.au/Details/ 

C2016C00988, archived at https://perma.cc/JW85-CM3F; Immigration (Guardianship of Children) Regulations 

2001 (Cth), https://www.legislation.gov.au/Details/F2012C00174, archived at https://perma.cc/M99W-852Q. 

4

 IGOC Act s 6. 

5 Id. s 5; Immigration (Guardianship of Children) Act, DEPARTMENT OF HOME AFFAIRS, https://www.home 

affairs.gov.au/about/corporate/information/fact-sheets/igoc-act (last visited May 15, 2018), archived at 

https://perma.cc/ZH7H-8DZH. See also Who is Responsible for an Unaccompanied Minor?, DEPARTMENT OF HOME 

AFFAIRS, https://www.homeaffairs.gov.au/lega/lega/form/immi-faqs/who-is-responsible-for-an-unaccompaniedminor (last visited May 17, 2018), archived at https://perma.cc/4DX7-6WDL. 

6

 IGOC Act s 7. 

7 Information about Children in Immigration Detention, AUSTRALIAN HUMAN RIGHTS COMMISSION,

https://www.humanrights.gov.au/information-about-children-immigration-detention (last updated Jan. 6, 2016), 

archived at https://perma.cc/6G2C-4YPX. 

8

 Janet Phillips, Immigration Detention in Australia: A Quick Guide to the Statistics, Table 2 (Australian 

Parliamentary Library, Mar. 21, 2017), https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/ 

Parliamentary_Library/pubs/rp/rp1617/Quick_Guides/ImmigrationDetention, archived at https://perma.cc/6ZAATSUN. 

9 Id. 
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by departmental case managers, mental health support teams, medical staff, interpreting 

services and education staff. 

Australian Government policy is that unaccompanied minors are accommodated in the 

community wherever possible. We move unaccompanied minors and vulnerable families 

from detention facilities into community-based accommodation until their immigration 

status is resolved. 

In line with community standards, unaccompanied minors in community detention attend 

schools, have access to health care and are supported to take part in after school activities 

such as soccer clubs, art or music classes and other recreational or creative activities.10

Canada 

Canada’s current immigration and refugee law is the Immigration and Refugee Protection Act 

(IRPA), 2001.11 There is no minimum age at which a refugee application or claim can be made in 

Canada.12 There does not appear to be provisions in the IRPA that provide for specific procedures 

or criteria for dealing with the claims of children that are different from those applicable to adult 

refugee claimants13 under the In-Canada Asylum Program (which works to provide refugee 

protection to people who have entered Canada).14 There appear to be general provisions such as 

section 167(2), which provides that “[i]f a person who is the subject of proceedings is under 18 

years of age or unable, in the opinion of the applicable Division, to appreciate the nature of the 

proceedings, the Division shall designate a person to represent the person.”15 The law also allows 

every minor child in Canada, other than the child of a temporary resident not authorized to work 

or study, to study at the preschool, primary, or secondary level.16 However, as of 2017 “there is no 

 

10 How Do We Care for Unaccompanied Minors Until Their Immigration Status Is Resolved?, DEPARTMENT OF 

HOME AFFAIRS, https://www.homeaffairs.gov.au/lega/lega/form/immi-faqs/how-do-we-care-for-unaccompaniedminors-until-their-immigration-status-is-resolved (last visited May 17, 2018), archived at https://perma.cc/KQ3UEW9A. See also Unaccompanied Humanitarian Minors Programme, DEPARTMENT OF HOME AFFAIRS, 

https://www.homeaffairs.gov.au/about/corporate/information/fact-sheets/uhm-programme (last visited May 17, 

2018), archived at https://perma.cc/ZWF8-SALV. 

11 Immigration and Refugee Protection Act, S.C. 2001, c. 27, http://laws.justice.gc.ca/eng/acts/i-2.5/FullText.html, 

archived at https://perma.cc/62PT-EMVS. 

12 Processing in Canada Claims for Refugee Protection of Minors and Vulnerable Persons, IMMIGRATION,

REFUGEES AND CITIZENSHIP CANADA, https://www.canada.ca/en/immigration-refugeescitizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processingclaims-refugee-protection-minors-vulnerable-persons.html (last updated Feb. 25, 2013), archived at

https://perma.cc/4AEF-JXV3. 

13 Id.

14 How Canada’s Refugee System Works, GOVERNMENT OF CANADA, http://www.cic.gc.ca/english/refugees/ 

canada.asp (last updated Apr. 3, 2017), archived at https://perma.cc/N5TK-K9CT; Refugees and Asylum, 

GOVERNMENT OF CANADA, https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees.html (last 

updated Aug. 31, 2017), archived at https://perma.cc/8JKQ-NN5Q. 

15 See Immigration and Refugee Protection Act, § 167(2). 

16 Id. § 30(2). 
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integrated federal strategy on how to deal with separated and unaccompanied child migrants 

in Canada.”17

The Canadian Bar Association (CBA) notes that there are sections in the IRPA that mandate “a 

consideration of a child’s best interests,”18 particularly in the grant of permanent residency on 

humanitarian and compassionate grounds.19 The CBA also notes that while the Supreme Court of 

Canada20 “has made clear that close attention must be given to a child’s interests and needs in 

certain immigration decisions, there are no overriding best interests considerations in immigration 

and refugee law.”21 For example, section 60 stipulates that “it is affirmed as a principle that a minor 

child shall be detained only as a measure of last resort, taking into account the other applicable 

grounds and criteria including the best interests of the child.”22 

The Chairperson of the Immigration and Refugee Board of Canada (IRB), the administrative 

tribunal on refugee and immigration matters, has issued nonmandatory guidelines, which “provide 

guiding principles for adjudicating and managing cases.”23 One of these guidelines is called 

Guideline 3 – Child Refugee Claimants: Procedural and Evidentiary Issues24 and “address[es] the 

specific procedural issue of the designation of a representative and the more general procedural 

issue of the steps to be followed in processing claims by unaccompanied children. The Guidelines 

also address the evidentiary issues of eliciting evidence in a child’s claim and assessing 

that evidence.”25

 

 

17 Child Migration to Canada: Unaccompanied Minors in Canada’s Asylum System, HISTORICA CANADA (Mar. 3, 

2017), http://www.thecanadianencyclopedia.ca/en/article/child-migration-to-canada/#h3_jump_2, archived at

https://perma.cc/4VTD-8L5W. 

18 Immigration and Refugee Law, THE CANADIAN BAR ASSOCIATION, https://www.cba.org/PublicationsResources/Practice-Tools/Child-Rights-Toolkit/legalAreas/Immigration-and-Refugee-Law (last visited 

May 18, 2018). 

19 See, e.g., Immigration and Refugee Protection Act, § 25(1) (humanitarian and compassionate considerations at the 

request of foreign national), § 25.1(1) (humanitarian and compassionate considerations at the Minister’s own 

initiative), § 28(2)(c) (humanitarian and compassionate considerations in regard to a permanent resident seeking to 

retain their status despite a breach of the residency requirements). 

20 Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61, https://scc-csc.lexum.com/scc-csc/scccsc/en/item/15665/index.do, archived at https://perma.cc/9HW3-GEZ4. 

21 THE CANADIAN BAR ASSOCIATION, supra note 18 (emphasis in original).

22 Immigration and Refugee Protection Act, § 60. 

23 The IRB website notes that “[w]hile they [the Guidelines] are not mandatory, decision-makers are expected to 

apply them or provide a reasoned justification for not doing so.” See Chairperson’s Guidelines, IMMIGRATION AND 

REFUGEE BOARD OF CANADA, http://www.irb-cisr.gc.ca/Eng/BoaCom/references/pol/GuiDir/Pages/index.aspx (last 

updated May 1, 2017), archived at https://perma.cc/66ZB-244N. 

24 IMMIGRATION AND REFUGEE BOARD OF CANADA, CHAIRPERSON GUIDELINE 3: CHILD REFUGEE CLAIMANTS:

PROCEDURAL AND EVIDENTIARY ISSUES (Sept. 30, 1996), http://www.irb-cisr.gc.ca/Eng/BoaCom/references/ 

pol/GuiDir/Pages/GuideDir03.aspx, archived at https://perma.cc/L75T-6T9V. 

25 Chairperson’s Guidelines, supra note 23.
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European Union 

The European Union’s (EU) asylum legislation contains special provisions for minors and 

unaccompanied minors to protect the best interests of the child. Protecting the best interests of the 

child, which includes in particular awarding full respect for the principle of family unity, must be 

a primary consideration of the EU Member States when applying and implementing the legislation. 

The Dublin III Regulation of the EU establishes the criteria and mechanisms for determining the 

Member State responsible for examining an asylum application and is directly applicable in the 

EU Member States without any implementing national legislation needed. It defines “minor” as a 

third-country national or stateless person below the age of eighteen and “unaccompanied minor” 

as a minor who arrives on the territory of the Member States unaccompanied by an adult 

responsible for him or her.26 Other EU asylum legislation contains the same definitions. Article 6 

of the Dublin III Regulation includes certain guarantees for minors so that Member States act in 

the best interests of the minor. The European Commission is obligated to draw up a specific leaflet 

for unaccompanied minors containing information on the asylum procedure.27 Article 8 describes 

the specific procedure that has to be followed for the asylum application of an 

unaccompanied minor. 

The 2001 Directive on Temporary Protection sets up special procedures to deal with mass influxes 

of displaced persons, but has not yet been triggered.28 It provides specific rules for minors in article 

13, paragraph 4 and article 16. Article 16 states that Member States must ensure the necessary 

representation of unaccompanied minors (for example legal guardianship) and must place them 

with adult relatives, a foster-family, in reception centers with special provisions for minors, or with 

the person who looked after the child when fleeing during the period of temporary protection. 

The Qualification Directive provides common grounds to grant international protection in the 

EU.29 It mentions minors and unaccompanied minors as a vulnerable group.30 Member States must 

 

26 Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 Establishing the 

Criteria and Mechanisms for Determining the Member State Responsible for Examining an Application for 

International Protection Lodged in One of the Member States by a Third-country National or a Stateless Person 

(recast) (Dublin III Regulation), art. 2(i) & (j), 2013 O.J. (L 180) 31, https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32013R0604&from=EN, archived at http://perma.cc/WY27-24C4. 

27 Id. art. 4, para. 3. 

28 Council Directive 2001/55/EC of 20 July 2001 on Minimum Standards for Giving Temporary Protection in the 

Event of a Mass Influx of Displaced Persons and on Measures Promoting a Balance of Efforts Between Member 

States in Receiving Such Persons and Bearing the Consequences Thereof (Temporary Protection Directive), 2001 

O.J. (L 212) 12, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:212:0012:0023:EN:PDF, 

archived at http://perma.cc/Y6B2-T2JB. 

29 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on Standards for the 

Qualification of Third-country Nationals or Stateless Persons as Beneficiaries of International Protection, for a 

Uniform Status for Refugees or for Persons Eligible for Subsidiary Protection, and for the Content of the Protection 

Granted (recast) (Qualification Directive), 2011 O.J. (L 337) 9, http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32011L0095&from=EN, archived at http://perma.cc/B7BH-KDBM. 

30 Id. art. 20, para. 3. 
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ensure that the family unit can be maintained.31 Minors that have special needs due to abuse, 

torture, or the like are eligible to receive adequate healthcare under the same conditions as nationals 

of the respective Member State. Article 31 specifically deals with unaccompanied minors and their 

needs. Member States must provide unaccompanied minors with a legal guardian or representative 

as soon as possible after asylum status is granted. The legal guardian is obligated to act in the best 

interests of the child.32

The Asylum Procedures Directive creates a common asylum system in the EU.33 Article 25 deals 

with procedural guarantees for unaccompanied minors, in particular the appointment of a 

representative and medical examinations to determine the age of a minor. Personal interviews must 

be conducted in a child-appropriate manner.34

The Reception Conditions Directive establishes common standards of conditions of living for 

asylum seekers.35 It addresses minors and unaccompanied minors in articles 11, 21, 22, 23, and 

24. Minors are identified as a vulnerable group.36 National authorities are therefore, for example, 

obligated to make the health, including mental health, of minors in detention a primary concern 

and only detain them as a last resort, in exceptional circumstances, and in age-appropriate 

accommodations.37 Family units should be preserved as far as possible when housing is provided.38

The Return Directive lays down common standards and procedures for returning illegal 

immigrants.39 Like other directives, the Return Directive obligates Member States to maintain the 

family unit with family members present during the period for voluntary departure.40 Article 10 

focuses on the return and removal of unaccompanied minors. Member States must ensure that an 

unaccompanied minor will be returned to a member of his or her family, a guardian, or an adequate 

reception facility in the country of return. Article 17 deals with detention of minors and families. 

 

31 Id. art. 23. 

32 Id. art. 30, para. 2. 

33 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on Common Procedures for 

Granting and Withdrawing International Protection (Asylum Procedures Directive), 2013 O.J. (L 180) 60, http://eurlex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=EN, archived at

http://perma.cc/WD6N-AEX5. 

34 Id. art. 15, para. 3(e). 

35 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 Laying Down Standards for 

the Reception of Applicants for International Protection (Reception Conditions Directive), 2013 O.J. (L 180) 96, 

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0033&from=EN, archived at

http://perma.cc/T284-3EAW. 

36 Id. arts. 11, 21. 

37 Id. art. 11. 

38 Id. art. 12. 

39 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on Common 

Standards and Procedures in Member States for Returning Illegally Staying Third-Country Nationals (Return 

Directive), 2008 O.J. (L 348) 98, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX: 

32008L0115&from=EN, archived at http://perma.cc/3JFK-DC9K. 

40 Id. art. 14, para. 1(a). 
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Member States must again ensure that family unity is maintained and that minors have access to 

basic education for the duration of their stay. 

France 

In France, certain special rules apply to unaccompanied alien children. France has ratified the 

Convention on the Rights of the Child, which declares that “a child temporarily or permanently 

deprived of his or her family environment . . . shall be entitled to special protection and assistance 

provided by the State.”41 The Cour de cassation (France’s highest court for civil matters) has ruled 

that the Convention is directly applicable in French law.42 Furthermore, France is bound by 

European directives and regulations, with the latter being directly applicable in French law.43 

Additionally, several French domestic provisions apply to unaccompanied alien children. The 

requirement that foreigners have a residency permit in order to stay in France for a period of over 

three months only applies to persons eighteen years of age or older.44 An unaccompanied alien 

child may therefore stay in France without a residency permit until he or she reaches the age of 

eighteen. Upon reaching eighteen years of age, he or she must obtain a residency permit, but a 

child who has been placed under the protection of the French child welfare services before the age 

of fifteen may be granted French citizenship upon his or her request.45

The Code de l’action sociale et des familles (Social Action and Family Code) provides that child 

protection measures apply to minors “temporarily or permanently deprived of their family’s 

protection,” which includes isolated foreign minors.46 Consequently, unaccompanied alien 

 

41 UN General Assembly, Convention on the Rights of the Child, art. 20, Nov. 20, 1989, 1577 U.N.T.S. 3, 

https://treaties.un.org/doc/Publication/UNTS/Volume%201577/v1577.pdf, archived at https://perma.cc/C9CP5MC3. 

42 Cass. Civ. 1, 18 May 2005, No. 02-20613, https://www.legifrance.gouv.fr/affichJuriJudi.do?idTexte=JURI 

TEXT000007050072&dateTexte, archived at https://perma.cc/M3AT-4NUV. 

43 Consolidated Version of the Treaty on the Functioning of the European Union, arts. 2 & 4, 2012 O.J. (C 326) 50–

51, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:EN:PDF, archived at 

https://perma.cc/Q6DD-PY5A; The Direct Effect of European Law, EUR-LEX-EUROPA.EU (legal portal of the 

European Union) (Jan. 14, 2015), https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=LEGIS 

SUM:l14547&from=FR, archived at https://perma.cc/W2L8-VZ3D. 

44 CODE DE L’ENTRÉE ET DU SÉJOUR DES ÉTRANGERS ET DU DROIT D’ASILE [C.E.S.E.D.A.] [CODE OF FOREIGNERS’

ENTRY AND STAY AND OF THE RIGHT OF ASYLUM], art. L311-1, https://www.legifrance.gouv.fr/affichCode 

Article.do?cidTexte=LEGITEXT000006070158&idArticle=LEGIARTI000006335030, archived at

https://perma.cc/B5V8-AWLV. 

45 Mineurs isolés étrangers [Isolated Foreign Minors], Questions-réponses « infos migrants » [“Migrant Info” 

FAQ], FRANCE TERRE D’ASILE, http://www.france-terre-asile.org/mineurs-isoles-etrangers-col-280/infosmigrants/mineurs-isoles-etrangers (last visited May 18, 2018), archived at https://perma.cc/M94T-4DWR. 

46 CODE DE L’ACTION SOCIALE ET DES FAMILLES [SOCIAL ACTION AND FAMILY CODE], art. L112-3, 

https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=3F9B3139D6B6D0725817B6D528DC7D55.tplgfr2

9s_2?idArticle=LEGIARTI000032207276&cidTexte=LEGITEXT000006074069&dateTexte=20180518, archived 

at https://perma.cc/V4HQ-S8VD; Mineurs isolés étrangers (MIE) : quels sont vos droits ? [Isolated Foreign Minors 

(IFM): What Are Your Rights?], ATD QUART MONDE (Jan. 5, 2015), https://www.atd-quartmonde.fr/mineurs-isolesetrangers-mie-quels-sont-vos-droits/#sdfootnote1sym, archived at https://perma.cc/L7B7-7GG5. 
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children are generally placed under the protection of the Aide sociale à l’enfance (A.S.E., child 

welfare services).47 They are legally entitled to education and health care.48

Germany 

Germany’s asylum legislation contains special provisions for minors and unaccompanied minors 

to protect the best interests of the child. 

As a Member State of the European Union (EU), the Dublin III Regulation, which establishes the 

criteria and mechanisms for determining the Member State responsible for examining an asylum 

application, is directly applicable in Germany.49 The guarantees for minors codified in it must be 

respected by German authorities, in particular the obligation to appoint a legal representative for 

all procedures.50

The German Asylum Act states that an asylum application filed by a parent will automatically 

include the minor child.51 If refugee status has been granted to a minor unmarried child, the child’s 

parents may be granted asylum status upon application if certain conditions are met.52 Staff 

members working in reception centers who are in regular contact with minors must submit their 

criminal history report prior to being hired and at regular intervals thereafter.53 Furthermore, the 

Act tries to ensure that the family unit is maintained and that minors are not separated from their 

families when housing decisions are made.54

The German Residence Act provides that the German authorities must ensure that an 

unaccompanied minor will be returned to a member of his or her family, a guardian, or an adequate 

reception facility in the country of return.55 A legal representative must file all necessary 

 

47 Mineurs isolés étrangers (MIE): quels sont vos droits ?, ATD QUART MONDE, supra note 46. 

48 Id. 

49 Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 Establishing the 

Criteria and Mechanisms for Determining the Member State Responsible for Examining an Application for 

International Protection Lodged in One of the Member States by a Third-country National or a Stateless Person 

(recast) (Dublin III Regulation), 2013 O.J. (L 180) 31, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/ 

?uri=CELEX:32013R0604&from=EN, archived at http://perma.cc/WY27-24C4. 

50 See EU survey for an overview of the specific provisions for minors contained in the Dublin III Regulation. 

51 Asylgesetz [AsylG] [Asylum Act], Sept. 9, 2008, BUNDESGESETZBLATT [BGBL.] [FEDERAL LAW GAZETTE] I at 

1798, as amended, § 14a, http://www.gesetze-im-internet.de/asylvfg_1992/AsylG.pdf, archived at 

http://perma.cc/66TY-FVK5, unofficial English translation available at http://www.gesetze-im-internet.de/englisch_ 

asylvfg/englisch_asylvfg.pdf (English version updated through Mar. 11, 2016), archived at http://perma.cc/E46Y7F9K. 

52 Id. § 26, para. 3. 

53 Id. § 44, para. 3. 

54 Id. § 47, para. 2. 

55 Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet 

[Aufenthaltsgesetz] [AufenthG] [Act on the Residence, Economic Activity and Integration of Foreigners in the 

Federal Territory] [Residence Act], Feb. 25, 2008, BGBL. I at 162, as amended, § 58, para. 1a, http://www.gesetzeim-internet.de/aufenthg_2004/AufenthG.pdf, archived at http://perma.cc/FQ8T-R3GE, unofficial English translation 
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applications on behalf of the foreign minor.56 Minors and families with minors should only be 

detained in exceptional circumstances and only for as long as necessary without endangering the 

well-being of the child.57 Families should be detained together and separately from other persons.58

The needs of minors awaiting deportation must be taken into account in accordance with the 

provisions of the Return Directive of the EU.59

The Asylum Seeker Benefits Act provides that people with special needs, such as unaccompanied 

minors, are eligible to receive appropriate health care and related care.60

The Eighth Book of the German Social Security Code contains a specific chapter on 

unaccompanied minors.61 The Youth Welfare Services of the German state in which an 

unaccompanied minor first registers will take the minor temporarily into custody.62 That includes 

placing the minor with a foster family or in an appropriate reception center. The Youth Welfare 

Services are authorized to perform legal acts on behalf of the minor and are obligated to submit an 

application for asylum immediately.63 The best interests of the minor must be determined, 

including whether relatives are in the country and whether the health of the minor permits the 

allocation to a reception center in a German state.64 Siblings must generally not be separated.65

The individual German states have provisions in their respective refugee acts that obligate the 

authorities to take the needs of vulnerable groups as detailed in the applicable EU directives, 

including unaccompanied minors, into account when making asylum decisions.66

 

available at http://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.pdf (English version updated 

through Oct. 30, 2017), archived at http://perma.cc/TXU9-GHQL. 

56 Id. § 80. 

57 Id. § 62. 

58 Id. § 62a, para. 1. 

59 Id. § 62a, para. 3; Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on 

Common Standards and Procedures in Member States for Returning Illegally Staying Third-Country Nationals 

(Return Directive), 2008 O.J. (L 348) 98, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX: 

32008L0115&from=EN, archived at http://perma.cc/3JFK-DC9K. 

60 Asylbewerberleistungsgesetz [AsylbLG] [Asylum Seeker Benefit Act], Aug. 5, 1997, BGBL. I at 2022, as 

amended, § 6, para. 2, http://www.gesetze-im-internet.de/asylblg/AsylbLG.pdf, archived at http://perma.cc/H62WY3LT. 

61 Sozialgesetzbuch (SGB) - Achtes Buch (VIII) - Kinder- und Jugendhilfe [SGB 8] [Social Security Code – Eighth 

Book (VIII) – Children and Youth Welfare] Sept. 11, 2012, BGBL. I at 2022, as amended, §§ 42–42f, 

http://www.gesetze-im-internet.de/sgb_8/SGB_8.pdf, archived at http://perma.cc/S68C-N8XA. 

62 Id. § 2, para. 3, no. 2, § 42, para. 1, no. 3, § 42a. 

63 Id. § 42, para. 2, § 42a, para. 3. 

64 Id. § 42a, para. 2. 

65 Id. § 42b, para. 5. 

66 See, e.g., for the German State of Baden-Württemberg, Gesetz über die Aufnahme von Flüchtlingen 

[Flüchtlingsaufnahmegesetz] [FlüAG] [Act on the Reception of Refugees] [Refugee Reception Act], Dec. 19, 2013, 

GESETZBLATT [GBL.] [STATE LAW GAZETTE ] 2013 at 493, as amended, § 5, http://www.landesrecht-bw.de/jportal/; 
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Italy 

Italy’s legislation governing asylum and humanitarian protection includes Law No. 47 of 2017 on 

unaccompanied foreign minors.67 Law No. 47 of 201768 defines “unaccompanied foreign minors” 

as minors who are not Italian or EU citizens, who for whatever reason are found in Italian territory 

or are subject to Italian jurisdiction, and who lack the assistance or representation of their parents 

or other adults who would be responsible for them according to Italian legislation.69 Law No. 47 

contains the following protective measures for the benefit of these minors: 

 Recognition of same rights as Italian and European Union minors70 

 Prohibition of rejection of entry at the border, refoulement, or expulsion;71 

 Provision of immediately necessary humanitarian assistance, including first aid and speciallydedicated hospitality facilities72

 Identification of the minor by the public security authorities, aided by cultural mediators in the 

presence of the guardian assigned to the minor, at the administrative hearing held to determine 

his identity73

 Designation of foster families by local government entities to whom juvenile courts may 

entrust their care74

 Granting of their right to health and education, even before they receive a residence permit75

 

jsessionid=523B22C75F838799E951EAE4308423A1.jp90?quelle=jlink&query=Fl%C3%BCAG+BW&psml=bsba

wueprod.psml&max=true&aiz=true#jlr-Fl%C3%BCAGBW2014pP4, archived at http://perma.cc/3BYL-CYTL. 

67 Dante Figueroa, Italy: Protection of Unaccompanied Foreign Minors, GLOBAL LEGAL MONITOR (May 16, 

2017).), http://www.loc.gov/law/foreign-news/article/italy-protection-of-unaccompanied-foreign-minors/, archived 

at https://perma.cc/832M-KZCV. 

68 Legge 7 aprile 2017, n. 47 Disposizioni in materia di Misure di Protezione dei Minori Stranieri non Accompagnati 

[Law No. 47 of April 7, 2017, Provisions on Protective Measures of Foreign Unaccompanied Minors], (Law No. 

47), GAZZETTA UFFICIALE [G.U.] (June 5, 2017), http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2017-

04-7;47, archived at https://perma.cc/U9GD-SLN8. 

69 Law No. 47, art. 2(1). 

70 Id. art. 1(1). 

71 Id. art. 3(1)(a) & b). 

72 Id. arts. 4(1) & 5(3). 

73 Id. art. 5(3). 

74 Id. art. 7(1). 

75 Id. art. 14(1). 
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 Recognition of their right to be heard in all judicial and administrative proceedings affecting 

them,76 to appoint legal counsel and receive funds for the payment of their legal fees77 

 Reception of adequate assistance from the authorities when the minor has been the victim of 

human trafficking78

 

Under existing legislation, authorities must grant residence permits to the following asylumseeking unaccompanied foreign minors: 

 Those found by themselves in the national territory79 

 Those who are fourteen years of age or younger, based on family-reunion grounds80 

 Those subject to the custody of an Italian citizen with whom they live81 

 Those older than fourteen years of age who are in the custody of and living with foreigners 

who are legal residents of Italy82

Outside of the aforementioned situations, unaccompanied foreign minors are subject to the general 

legislation on immigration and the status of foreigners in Italy.83

Additionally, the National Information System for Foreign Unaccompanied Minors under the 

Ministry of Labor and Social Policies84 maintains a special archive with information for each 

unaccompanied foreign minor.85 Finally, current legislation declares the intention of the Italian 

Republic to join international cooperation efforts underway in order to protect unaccompanied 

foreign minors who might enter the national territory.86

 

 

76 Id. arts. 2-ter & 15(1). 

77 Id. art. 16(1). 

78 Id. art. 17(2). 

79 Id. art. 10(1)(a). 

80 Id. art. 10(1)(b). 

81 Id. 

82 Id. 

83 Decreto Legislativo 25 luglio 1998, n. 286 Testo Unico delle Disposizioni concernenti la Disciplina 

dell’Immigrazione e Norme sulla Condizione dello Straniero [Legislative Decree No. 286 of July 25, 1998, 

Consolidated Text of the Provisions on Immigration and the Norms on the Status of Foreigners], G.U. No. 191 

(Aug. 18, 1998), http://www.gazzettaufficiale.it/eli/id/1998/08/18/098G0348/sg, archived at http://perma.cc/DF6YZFS3. 

84 Law No. 47, art. 9(1). 

85 Id. art. 9(2). 

86 Id. art. 20(1). 
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Sweden 

In Sweden, asylum applicants who are unaccompanied minors are subject to different rules than 

other such applicants. 

The present rules in Sweden were affected by the 2015 refugee crisis.87 In response to that crisis, 

Sweden adopted temporary rules to cope with the large influx of asylum seekers.88 Prior to this 

change, there were three categories of asylum: refugees, persons deemed in need of subsidiary 

protection, and “persons in need of other protection” (övrig skyddsbehövande).

89 The latter 

category applied to a person who did not fall within the other two categories but was “in need of 

protection due to external or internal military conflict, or because of other tensions in the country, 

[who] feels a well-founded fear of being subjected to encroachment, or [who] cannot return to his 

or her homeland because of an environmental disaster.”90 The new temporary law eliminated the 

latter form of protection.91 In addition, the new law changed the rules on the duration of the 

residence permits for the other two categories from permanent to thirteen-month temporary 

permits that are renewable.92 The law applies to decisions made between July 20, 2016, and July 

19, 2019, when the temporary law will expire.93

 

Under Sweden’s permanent asylum law, most unaccompanied minors generally received 

permanent residence permits in Sweden, regardless of the grounds for protective status.94 Adult 

asylum seekers, in contrast, only receive permanent resident permits if they fall within either 

refugee or subsidiary protection. The most common ground for protection for unaccompanied 

 

87 During 2015, Sweden received the highest number of unaccompanied minors among European Union (EU) 

Member States—40% of the total. Press Release 87/2016, Eurostat, Almost 90,000 Unaccompanied Minors Among 

Asylum Seekers Registered in the EU in 2015 (May 2, 2016), http://ec.europa.eu/eurostat/documents/2995 

521/7244677/3-02052016-AP-EN.pdf/, archived at https://perma.cc/C9EH-528L. 

88 Lag om tillfälliga begränsningar av möjligheten att få uppehållstillstånd i Sverige [Act on Temporary Limits to the 

Possibility of Receiving Residency Permits in Sweden] (SVENSK FÖRFATTNINGSSAMLING [SFS] 2016:752), 

https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-2016752-om-tillfalligabegransningar-av_sfs-2016-752, archived at https://perma.cc/AVU8-5V9C. 

89 Id. 4 §. 

90 4 kap. 2a § UTL. 

91 1 kap. 3§ UTLÄNNINGSLAGEN (UTL) [ALIENS ACT] (SFS 2005:716), https://www.riksdagen.se/sv/dokumentlagar/dokument/svensk-forfattningssamling/utlanningslag-2005716_sfs-2005-716, archived at 

https://perma.cc/K67C-LTGU.

92 Id. 5 §. 

93 Övergångsbestämmelser Lag om tillfälliga begränsningar av möjligheten att få uppehållstillstånd i Sverige. 

94 See Lagrådsremiss: Stärkt skydd för ensamkommande barn [Law Council Referral: Special Protections for 

Unaccompanied Minors] 51 (Feb. 24, 2005), https://www.regeringen.se/49bb74/contentassets/ae87c29 

d1c10431aa7a98a8ffdbda68b/starkt-skydd-for-ensamkommande-barn, archived at https://perma.cc/FD2L-3KAM; 

see also EMN, POLICIES, PRACTICES AND DATA ON UNACCOMPANIED MINORS IN 2014: SWEDEN 10 (2014), 

https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/networks/european_migration_network/ 

reports/docs/emn-studies/unaccompanied-minors/27a_sweden_uam_national_report_en.pdf, archived at

https://perma.cc/MCB8-FVXU. 
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minors under the permanent law is the “persons in need of other protection” category, which 

currently is not allowed under the temporary law.95 

Even under the temporary law, unaccompanied minors who do not qualify as refugees or in need 

of subsidiary protection nonetheless are generally allowed to remain in Sweden until they become 

adults. Legally, to deport an unaccompanied minor the state must ensure that there is a parent or 

guardian that will meet them.96 Sweden reportedly has made unsuccessful attempts to deport 

unaccompanied minors to Afghanistan and to Morocco, which failed on this basis.97 

Sweden has made efforts to protect the residency status of unaccompanied minors that arrived 

during the refugee crisis. For example, Sweden has adopted special rules for high school students 

who have had their asylum applications denied, allowing them to stay in Sweden and complete 

their high school education after turning eighteen.98 Completing their high school education would 

also qualify them for work-based permanent residency, if they found a job in Sweden, as persons 

younger than twenty-five years old must have a high school education to be eligible for workbased permanent residence permits.99 In addition, in March of 2018, the government presented 

legislation that would allow unaccompanied minors who arrived before November 25, 2016 (the 

date of the announcement of the new rules) to reapply for asylum, if they have turned eighteen 

during the application process and the application process has taken more than fifteen months, 

thereby causing the applicants to age out of the asylum provision that allows minors to receive 

permanent residence.100 The law is expected to grant some 9,000 individuals a residence permit.101

The law has been criticized by the Swedish Law Council for being complex, and therefore hard to 

 

95 See Prop. 2017/2018:252 Extra ändringsbudget för 2018 – Ny möjlighet till uppehållstillstånd [Additional 

Amendment to the Fiscal Budget Bill for 2018 – New Opportunity to Receive Residency Permit], at 22, 

https://data.riksdagen.se/fil/8FF331D5-AE34-4C86-A13C-8AE21A77B3E8, archived at https://perma.cc/L6D7-

T6D9.

96 12 kap. 3a § UTL.

97 Johanna Karlsson, Regeringen gör allt för att bli av med dem – pojkarna har bestämt sig för att stanna 

[Government Does All It Can to Get Rid of Them – The Boys Have Decided to Stay], EXPRESSEN (Mar. 25, 2017), 

https://www.expressen.se/nyheter/qs/afghanerna/regeringen-gor-allt-for-att-bli-av-med-dem--pojkarna-har-bestamtsig-for-att-st/, archived at https://perma.cc/3F9R-K3K7; Katarina Helmerson, Svårt att få marockanska gatubarn att 

återvända [Difficult to Make Homeless Moroccan Children Return], SVERIGESRADIO (Sept. 7, 2016), 

https://sverigesradio.se/sida/artikel.aspx?programid=83&artikel=6512167, archived at https://perma.cc/9KDHDJ3C. 

98 LAG OM UPPEHÅLLSTILLSTÅND FÖR STUDERANDE PÅ GYMNASIAL NIVÅ [ACT ON RESIDENCE PERMITS FOR HIGH 

SCHOOL STUDENTS] (SFS 2017:353), https://www.riksdagen.se/sv/dokument-lagar/dokument/svenskforfattningssamling/lag-2017353-om-uppehallstillstand-for_sfs-2017-353, archived at https://perma.cc/RU95-

QANV; see also Elin Hofverberg, Sweden: Parliament Votes to Grant Migrants Extended Residence Permits to 

Complete High School, GLOBAL LEGAL MONITOR (June 9, 2017), http://www.loc.gov/law/foreignnews/article/sweden-parliament-votes-to-grant-migrants-extended-residence-permits-to-complete-high-school/, 

archived at https://perma.cc/V8Z5-R4U5; Prop. 2016/17:133 on Amendments to the Temporary Act on Residence 

Permits Regarding High School Education, https://www.regeringen.se/492dc9/contentassets/72fca419b098 

4f1aaa991ec3e5ca5a7c/kompletteringar-av-den-tillfalliga-lagen-for-uppehallstillstand-rorande-studier-pagymnasieniva-prop.-201617133 (in Swedish), archived at https://perma.cc/L4EH-WW9R. 

99 17 § 3 st Lag om tillfälliga begränsningar av möjligheten att få uppehållstillstånd i Sverige. 

100 Prop. 2017/2018:252, supra note 95. 

101 Id. at 54. 
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enforce and predict, as well as unfair for failing to treat similar situations similarly, only relying 

upon the length of the application process.102 The legislation appears likely to pass later 

this year.103 

Unaccompanied minors and adults are treated differently during the asylum process as well as with 

regard to the right to remain in Sweden. As mentioned above, under Sweden’s permanent law, 

unaccompanied minors generally qualify as in need of “other protection” and are eligible for 

permanent residence permits. Even under the temporary law that eliminates this category of 

protection, unaccompanied minors who are not considered refugees or in need of subsidiary 

protection are generally allowed to remain in Sweden until they reach adulthood. There are also 

differences in housing requirements. Whereas housing for asylum applicants who are minors is 

provided by the municipalities, the state is responsible for housing for asylum applicants who are 

adults.104 Moreover, minors receive free schooling and free dental and universal health care, 

whereas adults only receive urgent dental and health care.105 A guardian must also be appointed 

for unaccompanied minors.106 Whereas adults may only register their applications in Malmo, 

Gothenburg, or Stockholm, unaccompanied minors may register their applications in an additional 

five cities.107 

United Kingdom 

The United Kingdom has detailed laws governing asylum and humanitarian protection.108 The 

Home Office, the government department with primary responsibility for most aspects relating to 

immigration including asylum, is specifically required by section 55 of the Borders, Citizenship 

and Immigration Act 2009 to safeguard and promote the welfare of children in the UK whenever 

 

102 LAGRÅDET, NY MÖJLIGHET TILL UPPEHÅLLSTILLSTÅND 3, 5 (Mar. 28, 2018), http://www.lagradet.se/yttranden/ 

Ny%20mojlighet%20till%20uppehallstillstand.pdf, archived at https://perma.cc/394Q-7SAY. 

103 Passage seems likely after receiving support from the Centerpartiet, one of the opposition parties. See My 

Rohwedder, C stödjer lag om ensamkommande, SVERIGESRADIO (Apr. 24, 2018), https://sverigesradio.se/ 

sida/artikel.aspx?programid=83&artikel=6937947, archived at https://perma.cc/54QX-2XDP. 

104 2 § LAG OM MOTTAGANDE AV ASYLSÖKANDE M.FL. [LAW ON RECEIPT OF ASYLUM APPLICANTS AND OTHERS]

(SFS 1994:137), https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-1994137-

om-mottagande-av-asylsokande-mfl_sfs-1994-137, archived at https://perma.cc/EA6K-B627. 

105 5 and 6 §§ LAG OM HÄLSO- OCH SJUKVÅRD ÅT ASYLSÖKANDE M.FL. [ACT ON HEALTH CARE FOR ASYLUM 

APPLICANTS AND OTHERS] (SFS 2008:344), https://www.riksdagen.se/sv/dokument-lagar/dokument/svenskforfattningssamling/lag-2008344-om-halso--och-sjukvard-at_sfs-2008-344, archived at https://perma.cc/R23RATQE. 

106 LAG OM GOD MAN FÖR ENSAMKOMMANDE BARN [ACT ON GUARDIANS FOR UNACCOMPANIED CHILDREN] (SFS 

2005:429), https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-2005429-omgod-man-for-ensamkommande-barn_sfs-2005-429, archived at https://perma.cc/2HTY-37B3. 

107 Fortsatt god tillgänglighet för ensamkommande barn trots färre ansökningsenheter, MIGRATIONSVERKET (Jan. 

29, 2018), https://www.migrationsverket.se/Andra-aktorer/Gode-man/Nyhetsarkiv/Nyheter-for-gode-man/2018-01-

29-Fortsatt-god-tillganglighet-for-ensamkommande-barn-trots-farre-ansokningsenheter.html, archived at

https://perma.cc/CVB3-WAKL. 

108 CLARE FEIKERT-AHALT, LAW LIBRARY OF CONGRESS, REFUGEE LAW AND POLICY: UNITED KINGDOM (2016), 

https://www.loc.gov/law/help/refugee-law/unitedkingdom.php, archived at https://perma.cc/AJ6F-EB4V. 
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it discharges its functions.109 The enactment of this provision followed the UK’s withdrawal in 

2008 of a general reservation on immigration matters to the United Nations Convention on the 

Rights of the Child.110 A statutory guidance document by the UK Border Agency issued under 

section 55 spells out the application of this duty.111 Safeguarding and promoting the welfare of 

children means 

 protecting children from maltreatment; 

 preventing impairment of children’s physical or mental health or physical, intellectual, 

emotional, social, or behavioral development; 

 ensuring children grow up in circumstances in which they can receive safe and effective 

care; and 

 enabling children to have optimum life changes and successfully enter adulthood.112

 

The guidance document states that the section 55 duty does not create new functions or override 

existing functions, but it requires the Border Agency to carry out its existing functions in a manner 

that takes into account the need to safeguard and promote children’s welfare.113 

The section 55 duty must inform the government’s interactions and decision-making with a child 

asylum-seeker at all stages, from the time of the initial interview to determining whether to grant 

permission to remain in the UK.114 

 

109 Borders, Citizenship and Immigration Act 2009, c. 11, § 55, http://www.legislation.gov.uk/ukpga/2009/11, 

archived at https://perma.cc/5879-RQ7R. 

110 Ayesha Christie, The Best Interests of the Child in UK Immigration Law, 22 NOTTINGHAM L.J. 16 (2013) 

(available on HeinOnline). The Convention on the Rights of the Child provides in part that “States Parties shall take 

appropriate measures to ensure that a child who is seeking refugee status . . . shall, whether unaccompanied or 

accompanied . . . receive appropriate protection and humanitarian assistance.” United Nations Convention on the 

Rights of the Child, art. 22(1), Nov. 20, 1989, 1577 U.N.T.S. 3, https://treaties.un.org/doc/Publication/UNTS/

Volume%201577/v1577.pdf, archived at https://perma.cc/3E3M-FZP2. While all countries in the world other than 

the United States have ratified this convention, some states parties made reservations regarding the asylum 

provisions similar to that withdrawn by the UK. United Nations Treaty Collection, Convention on the Rights of the 

Child, Declarations and Reservations, https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV11&chapter=4&lang=en (last visited May 19, 2018), archived at https://perma.cc/75Z6-4TES. 

111 HOME OFFICE, UK BORDER AGENCY, DEPARTMENT FOR CHILDREN, SCHOOLS AND FAMILIES, EVERY CHILD 

MATTERS: CHANGE FOR CHILDREN (2009), https://assets.publishing.service.gov.uk/government/uploads/

system/uploads/attachment_data/file/257876/change-for-children.pdf, archived at https://perma.cc/8S4L-ENJ9. 

112 Id. para. 1.4 (citing H.M. GOVERNMENT, WORKING TOGETHER TO SAFEGUARD CHILDREN (updated 2007), current 

(2015) version available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/ 

attachment_data/file/592101/Working_Together_to_Safeguard_Children_20170213.pdf, archived at

https://perma.cc/EAD9-R2R9, which is the statutory guidance for applying, inter alia, section 11 of the Children Act 

2004, http://www.legislation.gov.uk/ukpga/2004/31/pdfs/ukpga_20040031_en.pdf, archived at

https://perma.cc/NC2X-5HJZ). 

113 Id. para. 2.3. 

114 HOME OFFICE, CHILDREN’S ASYLUM CLAIMS 43, 56-57 (Oct. 9, 2017), https://assets.publishing.service.gov.uk/

government/uploads/system/uploads/attachment_data/file/650514/children_s-asylum-claims-v2_0.pdf, archived at

https://perma.cc/W2YR-54XZ. 
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If an unaccompanied asylum-seeking child does not qualify for refugee status, humanitarian 

protection, or discretionary leave to remain, the government must consider whether there are safe, 

adequate and sustainable reception arrangements in the child’s home country. If not, a limited 

leave to remain in the UK is granted for 30 months or until the child reaches 17.5 years of age, 

whichever is shorter.115

Courts have addressed the importance of the duty to safeguard and promote children’s welfare in 

the immigration context. The UK Supreme Court held that in deciding whether to deport a parent, 

a child’s best interests must be a primary consideration.116 With respect to asylum, section 55 and 

related law has been invoked in a ruling that the government has an obligation to trace the family 

members of an asylum-seeking unaccompanied child.117 The section 55 duty has also been found 

to require the government to consider the best interests of the child when determining the form of 

humanitarian protection to be afforded a child.118

 

115 Id. at 61. 

116 ZH (Tanzania) v. Sec’y of State for the Home Dep’t, [2011] UKSC 4, ¶¶ 22–26, https://www.supremecourt.uk/ 

cases/docs/uksc-2010-0002-judgment.pdf, archived at https://perma.cc/U3D5-TTGY. 

117 KH (Afghanistan) v Sec’y of State for the Home Dep’t, [2012] EWCA Civ 1014, ¶¶ 23–25, available at

http://www.bailii.org/ew/cases/EWCA/Civ/2012/1014.html, archived at https://perma.cc/DWH7-W7LD. 

118 R (ABC (a minor) (Afghanistan)) v. Sec’y of State for the Home Dep’t, [2011] EWHC 2937 (Admin), ¶¶ 50–62, 

http://www.asylumlawdatabase.eu/sites/www.asylumlawdatabase.eu/files/aldfiles/UK_051%20Judgment.pdf, 

archived at https://perma.cc/D7EF-D2DQ.