'Kids in Limbo?' : An analysis of temporary residence permits to unaccompanied asylum seeking children in Norway in light of the Convention on the Rights of the Child

Abstract

At the end of the 2000s, Norway experienced a surge in asylum arrivals, from 6500 in 2007 to 17 200 in 2009. This led directly to the tightening of the immigration policy and the government’s 13 point-plan of reducing asylum arrivals. In particular, point 6 of this plan has a direct consequence for unaccompanied asylum seeking children between the age 16 and 18. The core of the changed practice is that those, not considered eligible for protection, receive temporary residence until they reach the age 18. On their 18th birthday, after a period of at least two years in Norway, they are supposed to return to their respective home countries.

This thesis analyses the human rights consequences of the tightened policy in regards to unaccompanied children, in light of the Convention on the Rights of the Child (CRC). The study demonstrates that the policy has had far-reaching consequences for unaccompanied children aged 16 to 18, and that, in many instances, this may lead to breaches of Articles 2, 3 and 6 of the CRC. Consequently, although it is hard to argue principally against the use of temporary permits as a ‘tool’ for international protection, I argue that countries should be extremely careful in its use towards unaccompanied asylum seeking children.