Current legal system leaving vulnerable and displaced children at risk of serious harm

One of the few remaining pathways that reunites displaced children with refugee family members in the UK is burdened by complex procedures and unfair decision making which is often made even harder by limited access to legal advice.

Despite Home Office guidance on evidential flexibility, families are facing strict requirements for evidence often unavailable in conflict zones and places of displacement.

The new report from King's College London found that whilst DNA reports are not mandatory, they were essential due to the nature of decision making. The research also found that DNA reports were rejected for minor technicalities or being inappropriately interpreted.

The number of people displaced and in need of protection has reached record levels in recent years as global conflict and instability increases. In fleeing conflict and persecution, families can become separated across multiple borders, with relatives unable to escape safely together.

The report, which is launched today, examines the legal route (Appendix CRP) for vulnerable children who have experienced the devastating loss of parents and are seeking to reunite with family members with protection status in the UK.

The findings of an initial 94% refusal rate coupled with a high success rate on appeal demonstrates a failure to make the right decision the first time and 'culture of default refusal' and inefficiency.

The report highlights that there has been a failure to engage adequately with human rights obligations as set out in Article 8 of the European Convention on Human Rights (ECHR) and best interests of the child principles. Due to prolonged delays, children are remaining stranded in conflict zones or areas of displacement, potentially facing life-threatening risks such as trafficking and psychological harm. While sponsors endure financial and emotional hardship which impacts refugee integration.

The mandatory biometric enrolment at overseas Visa Application Centres excludes applicants in countries like Sudan, Afghanistan and Syria, which is forcing families to take perilous journeys. The high burden of proof and strict evidence requirements from the Home Office places a burden that can be impossible to meet in conflict affected or fragile states.

To address these significant issues, the report recommends that:

• Urgent steps are taken to improve Appendix CRP decision-making
• The Home Office should record and make publicly available appeal outcomes for Appendix CRP to monitor and improve the quality and transparency of initial decision-making
• Make legal aid available for Appendix CRP applicants
• Alternative methods of collecting biometric data are explored to minimise risks to children and address security concerns
• The Guidance for Appendix CRP should be amended to strengthen the importance of maintaining family unity and the best interests of the child to support compassionate and fair decision-making

"Families and children experiencing displacement and separation when fleeing conflict and persecution face an uphill battle when seeking reunification", said Shaila Pal, Director of King's Legal Clinic, who led the research alongside Dr Aleksandra Ancite-Jepifánova.

"It is crucial that the Government takes steps to urgently improve Appendix CRP decision-making, especially around quality and transparency. Our findings paint a bleak picture for the hundreds of vulnerable and displaced children who should benefit from the route. As we await the announcement of changes to Appendix FRP, the findings also serve as an ominous warning for the thousands of displaced women and children seeking to reunite with their refugee partners living in the UK".

The report drew on a combination of interviews with lawyers, data obtained from UK Visas and Immigration and desk-based analysis.

This research forms part of the Expanding Safe Pathways to Sanctuary: Refugee Family Reunion (RFR) project, funded by the One King's Impact Fund. The RFR Project is an interdisciplinary partnership between King's Legal Clinic (The Dickson Poon School of Law), DNA@King's (King's Forensics), Refugee Legal Support, and the King's Sanctuary Programme, and seeks to strengthen the One King's Impact Priority of advancing peace and justice in a turbulent world.