Question to the Home Office:

To ask Her Majesty’s Government what assessment they have made of whether excluding from transfer to the UK of unaccompanied asylum-seeking children over the age of 12 who are not of Syrian or Sudanese origin is compatible with Article 2 of the UN Convention on the Rights of the Child.

We will specify in due course the number of unaccompanied refugee children to be transferred to the UK under section 67 of the Immigration Act 2016.

The Immigration Act states that we will relocate unaccompanied refugee children. Our criteria under section 67 of the Immigration Act 2016 are intended to ensure that we are focusing on the most vulnerable children. In France, we will be considering those aged 12 and under of any nationality, children referred to us by the French authorities as being at a high risk of sexual exploitation of any nationality, and those nationalities most likely to qualify for refugee status in the UK, aged 15 and below. The criteria for relocating children to the UK from France, under section 67 of the Immigration Act 2016, are based on the reasonable likelihood of their qualifying for refugee status and achieving long-term stability. The criteria are therefore in line with the UN Convention on the Rights of the Child.

The guarantee of rights in relation to children, and the delivery of appropriate services to individual children, is currently provided by the French State. Our policies do not deprive any child of access to these benefits and therefore are fully in line with the UN Convention of the Rights of the Child. Furthermore, Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Secretary of State to carry out their immigration and asylum functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. Where a child is outside the UK, the spirit of the duty should be applied. Social workers, rather than Home Office staff, are carrying out best interest determinations in France.