Child Migration Matters Children and Young People’s Experiences of Migration Published by: Immigrant Council of Ireland 2 St. Andrew Street Dublin 2, Ireland Information Helpline: +353 1 6740200 Admin: +353 1 6740202 Email: [email protected] Website: www.immigrantcouncil.ie Funding: This project was funded with support from FLAC Public Interest Law Fund. This publication reflects the views of the author, and FLAC cannot be held responsible for any use which may be made of the information contained therein. Written by: Katie Mannion Legal Research Assistant: Leanne Caulfield Edited by: Colleen McFadyen Printed by: Sooner than Later, Dun Laoghaire Designed by: Megan Cassidy ISBN:978-0-9932840-7-6 About the Author Katie Mannion is a practising solicitor with the Immigrant Council of Ireland. She graduated from NUI, Galway with a Bachelor of Civil Law and a Diploma in Legal Irish. She holds a Masters in International Human Rights Law from the University of Essex. Katie trained as a solicitor in a private practice firm specialising in human rights and immigration law. She subsequently held Human Rights Officer and Legal Research Manager positions in NGOs seeking constitutional change to better respect children’s rights and law reform to respect the rights of persons. She is a board member of the Children’s Rights Alliance. Supported By: Copyright © 2016, Immigrant Council of Ireland No part of this book may be reproduced or transmitted in any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval systems without permission from publisher except for brief quotations used in critical reviews. The information in this publication is provided in good faith and every effort is made to ensure that it is accurate and up to date. The Immigrant Council of Ireland dis- claims any responsibility for errors and omissions in the text. Any person relying upon this publication or using it in connection with any legal matter shall be deemed to have accepted these terms of use and shall not hold the Immigrant Council liable for the use or misuse of this publication or any of the information contained therein. CONTENTS CONTENTS Glossary of abbreviations 15 Foreword 16 Acknowledgments 20 Executive Summary 22 Background 22 Reasons for research 22 Research methodology 23 Case studies 24 Legal background 24 Need for child-sensitive legal framework for migration 25 Immigration law issues for migrant children in Ireland 26 Inconsistencies in stamps 27 Children under 16 28 Barriers to regularising immigration status 28 Assistance with immigration matters while in care 29 Comparative practice: granting children independent residence status 30 Family Life 31 Child victims of trafficking 33 Age assessment 34 Access to information for migrant children and care professionals 34 Access to legal representation 36 Access to citizenship 37 Citizenship and naturalisation 37 5 CONTENTS Stateless children and access to citizenship 40 Issues specific to migrant children in the care of the State 40 Child Care Act 1991 41 Immigration status – duty to act 41 Right to identity 43 Allocation of social workers 44 Equity of care for asylum-seeking children 44 Data on migrant children in care 44 Implications of immigration status and lack of access to citizenship 44 Access to third-level education 45 Access to social welfare 46 Access to housing 46 Journeys, expectations and integration 46 Conclusion 47 Chapter 1: 1.0 Introduction 48 1.1 Historical context and rationale for the research 49 1.1.1 Evolution of child migration 51 1.1.2 Current global migration flows and migration to Europe 53 1.1.3 Migration to Ireland 56 1.1.4 Why do children migrate? 57 1.2 Research methodology 58 1.2.1 Primary research 58 6 CONTENTS 1.2.2 Secondary/desk research 59 1.2.3 Profile of participants 59 1.2.4 Ethical considerations 61 Chapter 2: Case study overviews 64 Case study 1 – Aoife 64 Case study 2 – Hope 66 Case study 3 – John 67 Case study 4 – George 67 Case study 5 – Salah 68 Case study 6 – Amina 69 Case study 7 – Alicia 70 Case study 8 – Boris 71 Case study 9 – Benjamin 73 Case study 10 – Emma 74 Case study 11 – Harmony 77 Case study 12 – Paul 78 Case study 13 – Maria 79 Case study 14 – Farah 81 Case study 15 – Kemi 83 Case study 16 – Vincent 84 Case study 17 – Valentine 84 Case study 18 – Stefan 85 7 CONTENTS Case study 19 – Vlad 86 Case study 20 – Amanda 87 Case study 21 – David 88 Case study 22 – Alexander 90 Case study 23 – Faith 91 Case study 24 – Susan 92 Case study 25 – Diana 93 Case study 26 – Ruth 93 Case study 27 – Chris 95 Case study 28 – Lucia 97 Case study 29 – Razeen 97 Case study 30 – Jérôme 99 Case study 31 – Gabrielle 101 Case study 32 – Sophie 102 Chapter 3: 3.0 Sources of law/legal background 104 3.1 International human rights law 105 3.1.1 International framework for protection of children’s rights 106 3.1.2 Best interests 107 3.1.3 Views of the child 108 3.1.4 Non-discrimination 109 3.2 European Convention on Human Rights 109 3.3 EU law 111 8 CONTENTS 3.3.1 EU Charter of Fundamental Rights 112 3.4 Constitutional provisions 112 3.4.1 Legislation 114 Chapter 4: 4.0 Need for child-sensitive legal framework for migration 116 4.1 Access to regular and safe migration channels and secure residence status 117 Chapter 5: 5.0 Immigration law issues for migrant children in Ireland 121 5.1 Immigration system 122 5.1.1 International law – children as individual rights-holders 123 5.1.2 Ireland – access to due process 125 5.1.3 Inconsistency in stamps provided to young people 128 5.1.4 Children under the age of 16 131 5.1.5 Children in care 134 5.2 Barriers to regularising immigration status 134 5.2.1 Practical difficulties in registration 134 5.3 Assistance with immigration matters while in care 136 5.3.1 Young people’s experiences 136 5.3.2 Implications of failure to address children’s immigration status 138 5.3.3 Comparative practice: granting children independent residence status 146 5.4 Children and family reunification 150 5.4.1 International and EU law on the right to family life and family reunification 151 5.4.2 Family reunification in Ireland 155 9 CONTENTS 5.5 Deportation orders and consideration of the best interests of the child 160 5.6 Child victims of trafficking 162 5.6.1 International law 163 5.6.2 Irish law and policy relevant to victims of trafficking 166 5.6.3 Positive obligations to protect children 173 5.7 Secure immigration status for unaccompanied and separated children 175 5.7.1 Age assessment issues as a barrier to secure immigration status 175 5.7.2 International law on age assessment procedures 178 5.7.3 National law on age assessment 181 5.8 Recommendations 184 Chapter 6: 6.0 Right to information and legal representation for migrant children and care professionals 188 6.1 Provision of clear information on immigration-related duties and obligations in a child-friendly and culturally-sensitive manner 189 6.1.1 Right to information under international and EU law 189 6.1.2 Provision of information to young people on their immigration status and duties 191 6.1.3 Lack of awareness of need to seek information/advice 194 6.1.4 Challenges to accessing information for children in the care of the State 195 6.1.5 Need for information provision to young people 197 6.1.6 Comparative practice on access to information and advice 198 6.1.7 Whose duty is it to provide information to young people? 198 10 CONTENTS 6.2 Access to legal representation 203 6.2.1 Feedback from young people and support workers on access to legal representation 203 6.2.2 Comparative practice 206 6.2.3 Irish law and practice on access to legal representation 210 6.2.4 Right to be heard and access to legal representation under the Child Care Act 218 6.3 Summary 221 6.4 Recommendations 222 Chapter 7: 7.0 Access to citizenship 225 7.1 Citizenship and naturalisation 227 7.1.1 Citizenship by foreign birth registration 227 7.1.2 Citizenship by naturalisation 228 7.2 Practical barriers to accessing citizenship 237 7.2.1 Lack of documentation 237 7.3 Stateless children and access to citizenship 238 7.3.1 International framework relating to statelessness 238 7.3.2 Statelessness in Ireland 239 7.4 Recommendations 241 11 CONTENTS Chapter 8: 8.0 Issues specific to migrant children in care of the State 242 8.1 Child Care Act 1991 242 8.2 Immigration status – duty to act 245 8.3 Inclusion of immigration status in care plans and aftercare plans 246 8.4 Comparative practice: policies and guidelines on working with migrant children in care 247 8.5 Right to identity 250 8.6 Allocation of social workers 253 8.7 Equity of care for asylum-seeking children 255 8.8 Data on migrant children in care 256 8.9 Recommendations 258 Chapter 9: 9.0 Implications of immigration status and lack of access to citizenship 260 9.1 Access to third-level education for migrant children and young people 261 9.1.1 Access to financial support for further education for migrant children in care and migrant care leavers 265 9.1.3 Positive practice 268 9.1.4 Need for reform 269 9.1.5 Comparative practice 269 9.2 Access to social welfare 270 9.3 Access to housing 272 9.4 Recommendations 273 12 CONTENTS Chapter 10: 10.0 Journeys, expectations and integration 275 10.1 Migration journey 276 10.1.1 Children’s involvement in decisions to migrate 280 10.1.2 Reasons for migration 281 10.1.3 Feelings about moving 283 10.2 Ireland 285 10.3 Migration expectations 287 10.4 Earliest memories in Ireland 290 10.5 Language 292 10.5.1 Additional English-language supports 295 10.5.2 Preservation