Immigration Barristers' Blog

A new report by The Children’s Society has revealed alarming levels of destitution among refugee, asylum-seeking and migrant children and young people.

A rising number of children who have nowhere to live - and no source of financial support - are turning to The Children’s Society for help. Between April and September 2011, more than a third of young refugees supported by The Children’s Society's New Londoners project were destitute - compared with 14% in the previous year (2009-10).

Young people who were destitute reported serious illness and mental health problems. Some young people self-harmed and attempted suicide. Other young people have even been forced into sexual relationships in exchange for shelter or food.

Destitute families with very young children, but no access to work or welfare support because of immigration restrictions, are living in severe deprivation for long periods of time, in some cases for several years.

The Children’s Society is calling for immediate action to make sure that children and young people in the immigration system are not forced to live in destitution. It is also calling for the government to urgently review the levels of support provided so that children and young people seeking protection are not forced to live in absolute poverty and despair.

The Migration Committee of the Parliamentary Assembly of the Council of Europe (PACE) has approved a position paper on reform of the EU Family Reunification Directive.

Chair of the Committee, Giacomo Santini, said “Family reunification is an important element of the right to family life and an essential part of the integration process for migrants.”

“The committee in its position paper has clearly stated that while the Family Reunification Directive has provided a sound basis for clarifying and promoting family reunification and represents a minimum standard, there are improvements which could be made. However, any attempts by states to water down the minimum standards in the current Directive, should be rejected by the European Commission outright.”

Mr Santini explained that the position paper on family reunification approved by the Migration Committee was based on a number of concerns the Assembly had already raised back in its Recommendation 1686 (2004) on human mobility and the right to family reunification.

Some of the concerns include the lack of a common definition of family reunification, the extensive possibilities for states to derogate or opt for alternative measures, the strictness of certain measures adopted by states which make family reunification difficult or impossible for certain persons and the lack of recognition, for family reunification, of persons granted subsidiary protection.

Mr Santini concluded by saying: “These matters all need careful attention by the Commission taking careful note of the right to family life under the European Convention on Human Rights and its case-law.”

A children's charity has raised concerns over the numbers of children being held in immigration detention. According to The Children's Society, 697 children were held at all Greater London and South East ports between May and the end of August 2011. Almost one third were unaccompanied children. This could mean as many as 2,000 children could be detained each year.