Policy Responses to Unaccompanied Minors in Ireland

Abstract

An “unaccompanied minor” is defined as a person below the age of eighteen who arrives in a country “…unaccompanied by an adult who is responsible for them whether by law or custom”. They may also be referred to as separated children although in the current research this term is taken to refer to a broader group. Available data indicate that the number of unaccompanied minors arriving in Ireland increased significantly during the 1990s and peaked in 2001 before falling off quite steadily. This trend is in line with general non-EU immigration to the Republic of Ireland. While the number of unaccompanied minors referred to the Health Service Executive (HSE) has declined in recent years, they are still a significant group with very specific and critical needs as demonstrated later on in the chapter. This chapter provides an overview of the number of unaccompanied minors who have arrived in Ireland in recent years and explores why such potentially high-risk migration takes place. This is followed by a discussion of the response of the Irish State. Furthermore, it will be shown that State policy has evolved in a piecemeal manner, with a high level of discretion still in evidence at local level, particularly regarding HSE care provision. The particular issues of age assessment, asylum, legal immigration status and return of unaccompanied minors will be discussed in the subsequent section. The chapter also touches upon a conflict between an unaccompanied minor as a protection applicant or person of otherwise undefined legal (immigration) status, versus a minor who should invoke the ‘best interests’ of the child principle. This chapter specifically focuses on the experience and expertise of service providers, while many of the existing studies in the area consist of primary research with unaccompanied minors.