being submitted to the local council where the how “some of the most mentally and emotionally child’s relative resides, rather than the Home fragile children, with the worst mental health, Office; this case then stalled until a voluntary going through breakdowns, are those who have organisation chased it up to discover the delay. applied for Dublin III and are waiting. That glimmer Another had been submitted under the wrong of hope creates huge anxiety – they can’t let it article within the Dublin III regulations so, even go; they ask every day if we’ve heard back from though the child had a legal case for transfer, the lawyer yet. Not having a timescale makes it the Home Office rejected the request until it was impossible to manage their expectations – we resubmitted correctly. don’t even know if their cases will work.” Case study Case study “There was one 15-year-old Syrian boy “One boy, a 16-year-old from Afghanistan, we worked with – he was totally alone had a legal case to join his dad in the and terrified. He didn’t have any of the UK and the stress made him a complete family members in the UK covered by wreck. Another boy, a 14-year-old, had Article 8 (parents, grandparents, siblings, an uncle in the UK he was trying to reach. aunts or uncles). However, his father’s His uncle was so worried about his mental cousin lived there so he could have been health that he travelled from Britain to the transferred under Article 17 as a ‘vulnerable ‘Jungle’ and brought him to me. I took discretionary case’. He met with one of our him in too: he was incommunicative, pro bono lawyers at the start of March, and dissociative, and would wake up at night his documents were finalised for submission and start pulling his hair out. Thankfully, by mid-June. The take charge request he was Syrian so he had all his papers was made two weeks later, but rejected at in order, and Safe Passage UK worked the end of July because it was sent under with him to make his case successful.” – Article 8 by mistake. The Home Office gave Voluntary youth worker in the ‘Jungle’ a deadline of three weeks for the French authorities to resubmit – when we told the Recommendations: boy, he started crying and ran away; we found out that he went to Belgium and 1. The British and French governments should nearly tried to cross to the UK illegally with proactively undertake awareness-raising outreach a smuggler. Thankfully he came back, and work around Dublin III – making sure information is his take charge request was submitted in age and language-appropriate. mid-August, but we know he’s still trying to 2. Préfecture staff should be fully trained, aware cross the Eurotunnel every night.” Voluntary of and accountable for undertaking asylum organisation member in Calais. interviews and take charge requests correctly and accurately. Understandably, these delays cause the children 3. French authorities should ensure there are a to become disillusioned, frustrated and desperate. sufficient number of trained ad hoc administrators They may have stopped trying to cross to the UK to take on all current cases and attend all illegally when their cases were first taken up, but necessary appointments, investing additional as they begin to lose hope, many resume their resources if necessary. routine of sleeping during the day and risking 4. French authorities should ensure interpreters are their lives to reach the UK at night. Voluntary available, in the correct language, at the date and organisations know of at least three children who time of appointments at FTDA and the préfecture had a legal right to join family in the UK, but died – prioritising the cases of children if necessary. trying to make their own way as they waited for their cases to proceed. The case of 15-year- 5. The British government should take proactive old Masud from Afghanistan hit the headlines measures to meet remaining shortfalls – for in January 2016 when he suffocated in a lorry example, by stationing Dublin officers in Calais to crossing to the UK, having waited months to be facilitate the process and providing more funding reunited with his sister. One youth worker told us to meet capacity shortfalls. 4 http://www.defenseurdesdroits.fr/actions/protection-des-droits-libertes/decision/decision-mde-2016-113-du-20-avril- 2016-relative-la 5 http://www.defenseurdesdroits.fr/fr/actus/presse/communiques-de-presse/mineurs-non-accompagnes-le-defenseur-des- droits-salue-le-travail No place for children 7