Child refugees ‘unsuitably placed’

ASYLUM-SEEKING minors are being placed in the care of unsuitable guardians who claim they are their relatives, creating a host of child protection difficulties, according to a member of the Refugee Appeals Tribunal.

Barrister Sunniva McDonagh, who calls for the publication of decisions made by the tribunal, says international guidelines on the treatment of children seeking asylum are not being followed by the State.

A tribunal member for five years, Ms McDonagh said some members of the tribunal, including herself, have refused to hear cases “in the absence of satisfactory safeguards for these vulnerable children”.

She cited a number of examples, including one where a 17-year-old girl was placed in the care of a supposed half-sister, who then threw her out of the house, and a 15-year-old schoolboy forced to work full-time and prevented from attending school.

“Releasing separated children to adults who claim them and allowing such adults to process their claims without any further involvement on the part of the State would appear to be a most unsafe procedure to adopt in relation to the protection of vulnerable children,” she said in a paper published in this month’s edition of Bar Review.

Children who arrive without their parents or guardian are divided in two categories; accompanied and unaccompanied. Her concerns relate to a certain number of “accompanied” minors, those who are claimed by a person who is not a parent or legal guardian in the country of origin. The issue of minors is one area that would benefit from wider public scrutiny and analysis, said Ms McDonagh.

The barrister says the benefits of publishing a representative cross-section of decisions outweighs the argument against; that potential asylum seekers would fabricate claims based on information in the public domain.

“Publication ... would provide greater openness about the operations, practices and procedures of the tribunal,” said the barrister.

“It would enable a consensus to emerge in relation to best practice and allow wider analysis,” she added.

Cases for concern

* A 17-year-old girl “reunited” with a woman claiming to be a half-sister, who put pressure on the youngster to withdraw her asylum claim, then threw her out of the house, leaving her homeless. The Health Board disagreed with the tribunal that it had an obligation in relation to the welfare of the homeless child.

* A four-year-old boy was claimed by a man, a failed asylum seeker, who said he was his father. The child was placed in the care of the man even though the tribunal found evidence he presented to back up his claim was demonstrably false.

* A girl was placed with her half-sister, who claimed they shared a common father. However, if the relationship was as stated, the man would have fathered the child at the age of three.