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Seven Year Child Concession _ DP5/96 Policy

On 9 December 2008 the UK Border Agency announced the withdrawal of the seven year child concession (DP5/96) which protected the rights of children born and / or living in the UK continuously for at least 7 years.

The Immigration Minister, Phil Woolas, when announced the withdrawal of the policy made the following statement:

‘The fact that a child has spent a significant period of their life in the UK will continue to be an important relevant factor to be taken into account by caseworkers when evaluating whether removal of their parents is appropriate. Any decision to remove a family from the UK will continue to be made in accordance with our obligation under the European Convention on Human Rights (ECHR) and the Immigration Rules.’

‘The withdrawal of DP5/96 and replacing it with consideration under the Immigration Rules and Article 8 of the ECHR will ensure a fairer, more consistent approach to all cases involving children, whether accompanied or unaccompanied, across UKBA. Withdrawing the policy will also prevent those overstaying or unlawfully present in the UK having the benefit of a concession which does not apply to those persons who comply with the Immigration Rules and remain in the UK lawfully.’

Therefore all cases involving families with dependent children with long residence will now be considered under the Immigration Rules and Article 8 of the European Convention on Human Rights (ECHR).

Transitional arrangements

Chapter 53 of the Enforcement Instructions and Guidance sets out the circumstances in which the concession will still apply under transitional arrangements:

Paragraph 6 of chapter 53 of the Enforcement Instructions and Guidance state:

“There are likely to be existing cases where DP5/96 will continue to apply despite its withdrawal.

These types of cases are:

• current appeal cases where the policy has already been applied (before its withdrawal) and rejected by UKBA and the appeal is either still pending with the Asylum and Immigration Tribunal (AIT) or has been allowed;

• appeal cases where the policy was not applied by UKBA (before its withdrawal) and where the AIT directs UKBA to consider DP5/96 in the context of an allowed appeal

• cases where UKBA are challenging an allowed appeal by either the AIT or an upper Court;

• where UKBA have acknowledged in writing that they have received an application which relies on DP5/96;

• enforcement cases where UKBA have initiated the process of considering DP5/96 prior to its withdrawal on 09 December 2008. **

** Examples of such circumstances are where a caseworker has already considered DP5/96 prior to its withdrawal or has written to the individual or the representative requesting further information / evidence in relation to the child’s length of residence.

Any information / evidence requested will need to be submitted within 28 days of the date of request, for the policy to continue to be applied to that case. The same factors contained within the withdrawn policy will still continue to apply when considering cases under DP5/96.

From the 09 December 2008 consideration under Article 8 of the ECHR and the Immigration Rules will also be given to any outstanding further representations against removal which cite the withdrawn policy (for example pursuant to paragraph 353 of the Immigration Rules) which have not yet been considered.”

Further information

Some further information on withdrawal of the seven year child concession –DP5/96 is given in the ILPA information Sheet dated 27^th January 2009.

Some further information on deportation and removal of families with children is given in the House of Commons Library standard note SN/HA/4082 dated 20 January 2009.

For Chapter 53.6.1 of UKBA Enforcement Instructions and Guidance click here

The UKBA has recently introduced a new Code of Practice on keeping children in the immigration system safe from harm. It came into force on 6 January 2009.

For more information on Article 8, please see the Human Rights page

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