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Government wrong in denying child refugees entry to the UK

by Emma Biginelli Macchia, reporter

The Court of Appeal has ruled that the government acted unlawfully in not giving reasons to child refugees who were refused entry in Britain under the Dubs Amendment.

The judgment comes after a two-years long legal action taken by charity Help Refugees, represented by Leigh Day, to ensure that children under the Dubs scheme were treated fairly.

The Home Office argued in court that it could not give each child reasons for the refusal because it would take too long. Evidence later emerged that it had actually done so to keep children who were unlawfully rejected from bringing legal challenges.

Picture credit: Futuro Berg

Tom Steadman, Head of Communications and author for Help Refugees, said that children were given a ‘yes’ or ‘no’ answer. He said: “This change to British refugee policy means that children will be given reasons as why they have been rejected which ultimately means that they will have more grounds for an appeal.”

The charity also argued that the current number of children eligible to enter the country under the Dubs scheme was inadequate, but the Court of Appeal dismissed the claim, and the number will remain capped at 480.

To this day, around 250 children have been brought to the UK under the scheme, which means that there are many more places to fill yet. Mr Steadman said: “It’s unacceptable. We are campaigning to try to force the government to fill those places before winter comes around. It’s incredibly cold in Calais and Greece in the winter, children have died in the Moria Refugee Camp because the conditions are so bad.”

He added: “The number 480 is such a minuscule amount and it’s taken far too long already. There are a number of children applicable for the Dubs scheme, there are legal routes for them to come to the UK, the process is just so slow. We have a responsibility to help those children.”

Picture credit: Futuro Berg

The refugee charity also documented how awful the conditions are in refugees camps. Children in Calais have their personal belongings taken, their phones smashedand face brutality on a daily basis. Tom Steadman explained: “For an unaccompanied child this is mentally scarring. In Lesbos there is a mental health crisis, children below the age of 10 are committing suicide.

He concluded: “Politicians are not providing any meaningful solution. It’s not about compassion, it’s about what’s fair – and these children are being treated unfairly and unlawfully.”

Kent Action Refugee Network (KRAN)is a charity supporting young unaccompanied asylum seekers in Kent, providing them access to education and mental health assistance.

Razia Shariff, CEO of the action network, said that the ruling offered some re-balancing of the injustices faced by young refugees and asylum-seekers. “A young person has every right to appeal to a decision refusing them asylum if they know they’re entitled to refugee status.”

Picture credit: Futuro Berg

She also said that KRAN would continue to support young refugees and asylum-seekers in the UK who have been traumatized during their journey to the country. She added: “The more that can secure safe passage here through the Dub’s Amendment, the fewer who fall victim to exploitation at the Camps through trafficking and agent gangs.”

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