Migrant Children's Project Newsletter
December 2019

Home Office fees for children to register as British citizens found to be unlawful
In December 2019, the High Court ruled that the £1,012 fee the Home Office charges children to register as a British citizen was unlawful. The case was brought by the Project for the Registration of Children as British Citizens (PRCBC) and two children (aged 3 and 13) born in the UK. The court found that the Home Office had failed to properly consider the best interests of children when setting the registration fee and that the regulations relating to citizenship registrations were unlawful. The decision means that the Home Office must re-consider the registration fee while treating children’s best interests as a primary consideration. The Home Office have appealed the decision and PRCBC can request permission to appeal straight to the Supreme Court on the argument as to whether the Home Office have no power to set the fee beyond the administrative cost or at a cost that was unaffordable to children. This is an important judgment for many children who are entitled to register as British citizens but are unable to due to unfair costs. For further information, please see the PRCBC website.

Fostering Across Borders (FAB) Project
The Fostering Across Borders project aimed to improve the quality and expand the availability of family-based care for unaccompanied migrant children in six EU Member States: Austria, Belgium, Greece, Luxembourg, Poland and the United Kingdom. In the UK, Coram Children’s Legal Centre provided legal input to Coram BAAF and the International Organisation for Migration (IOM). The project mapped existing training gaps for professionals/family-based carers, supported the recruitment and retention of family-based carers, and ensured that children and young people’s views were a central part of the project. A foster carer training programme was developed and professionals (including foster carers) were trained on and supported to better protect and meet the needs of these children. For further information, including access to the training package, videos and information leaflets, please see the FAB project website.
‘No study’ conditions for those who are appeal rights exhausted (ARE)
The issue of ‘no study’ conditions for young people has been problematic since the changes to immigration bail rules and guidance in January 2018. Immigration bail affects any child or young person who does not have leave to enter/remain but needs it to live in the UK. When this came into force, many young people found themselves having ‘no study’ conditions, including asylum seekers, care leavers and those making applications for leave to remain in the UK. Following changes to the guidance, ‘no study’ conditions were no longer to be applied to asylum seekers and care leavers. However, former care leavers and undocumented young people could be given a ‘no study’ condition. The Home Office were challenged on their policy by two ARE individuals who were preparing fresh claims for asylum. Duncan Lewis represented the young people – the ‘no study’ conditions were removed before the substantive hearing (due to be heard on 26th November 2019). The Home Office have also agreed to review and revise the immigration bail guidance, particularly the provisions around ARE individuals. For further information, please see the Duncan Lewis website.

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Latest news
Home Office 'ignoring offers to give homes to child refugees'
The Observer, 21st December 2019
Brexit: Boris Johnson's bill 'tears up' protections for child refugees
Independent, 21st December 2019

UK's £1,012 charge to register children as British citizens in unlawful, High Court rules
Independent, 20th December 2019
Boy found alone on M6 motorway after arriving in the UK
The Guardian, 18th December 2019
Windrush victim calls Home Office's £22,000 compensation offer 'an insult'
Huffington Post, 17th December 2019
Woman's vital cancer treatment delayed over £150k NHS charge
The Observer, 7th December 2019

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