Fact Sheet 69 - Caring for Unaccompanied Minors
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Non citizen children under the age of 18 years who arrive in Australia unaccompanied and not being cared for by a parent are of particular concern to Australia. These children are referred to as unaccompanied minors.
As a signatory to the United Nations Convention on the Rights of the Child, the Australian Government takes its obligations towards unaccompanied minors very seriously.
Unaccompanied minors are covered by the Immigration (Guardianship of Children) Act 1946 (IGOC Act). The Act ensures that minors who arrive in Australian territory unaccompanied have a legal guardian.
The IGOC Act also applies to unaccompanied minors seeking asylum in Australia and certain children who were adopted overseas or enter Australia for adoption purposes.
See: Fact Sheet 36 Adopting children from overseas
Background
The Act was introduced when groups of mostly British unaccompanied minors came to Australia after World War II.
Since 1946 the Act has mainly covered:
- child migrants from Europe
- children arriving after the fall of Saigon
- children arriving following the evacuation of East Timor
- children arriving from Afghanistan
and - children arriving by boat without authorization.
The number of unaccompanied minors arriving in Australia's territories has increased steadily over recent years.
Wards of the Minister
Unaccompanied minors who fall under the IGOC Act are wards of the Minister for Immigration and Citizenship and the Minister becomes their legal guardian.
The Minister delegates his function as guardian of wards to officers of the department and to officers in relevant child welfare authority in each state and territory. The welfare agencies have the established infrastructure and expertise to provide welfare supervision and settlement support in accordance with the IGOC Act and state and territory welfare laws.
Guardianship continues until the ward turns 18-years of age; leaves Australia permanently becomes an Australian citizen or when the Minister directs that the ward will not be covered by the Act. This may occur, for example, when the child is adopted or a relative over the age of 21 takes responsibility for them.
Unaccompanied Humanitarian Minor
Of particular concern to Australia are those minors arriving without a parent to care for them in Australia and who have been granted a visa under Australia's humanitarian program, either in Australia or overseas. These minors are referred to as Unaccompanied Humanitarian Minors (UHMs).
There are two kinds of UHMs:
Unaccompanied Humanitarian Ward
A UHM ward is a non-citizen minor who arrives under the Humanitarian program and does not have a parent or a relative over the age of 21 to care for them in Australia.The Minister for Immigration and Citizenship is the guardian of UHM wards.
Unaccompanied Humanitarian Non Ward
A UHM non ward is a non-citizen minor who arrives under the Humanitarian program and does not have a parent but has a relative over the age of 21 to care for them in Australia.The Minister for Immigration and Citizenship is not the guardian of UHM non wards.
Unaccompanied Humanitarian Minor Program
The Commonwealth and State governments work together to provide settlement services to UHMs through the UHM program.
The UHM program is available to all UHMs, whether they arrive lawfully or unlawfully, or as part of the offshore resettlement program. It is aimed at ensuring effective welfare supervision and settlement support to minors while they live in Australia or until the year they turn 18.
UHMs granted visas as part of the Offshore Resettlement Program have access to the same range of government services as all Australians.
Applying for protection in Australia
Unaccompanied minors may apply for protection after arriving in Australia. If they are found to be owed protection obligations by Australia and meet the visa requirements, they are granted permanent protection visas, allowing them to live in Australia permanently. They are also entitled to the full range of government benefits and services.
Care of unaccompanied minors in detention
Except in exceptional circumstances, all unaccompanied minors in detention for whom the Minister is guardian are quickly moved to an alternative place of detention or released, if eligible on a bridging visa.
In making decisions concerning the welfare and care of unaccompanied minors in immigration detention facilities, the Department of Immigration and Citizenship draws upon the advice of people with expertise in child welfare, such as psychologists and state child welfare authorities.
For those unaccompanied minors who are required to spend a short period in detention, intensive care and support is provided to cater to their specific educational, social and medical needs.
Further information is available on the department's web site.
See: www.immi.gov.au
The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9am to 4pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.
Fact Sheet 69. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 02 October 2008.
© Commonwealth of Australia 2007.