A/HRC/14/30/Add.3 Rapporteur on 26 June 2009, when reference was made to the case of Ahmed Daq,39 a Somali national and failed asylum-seeker with a criminal record, who was detained for over three years with no prospect of deportation and who, by a ruling of the High Court of Justice, was granted bail under stringent conditions, including tagging, daily reporting to an immigration officer or police station and residence at an address to be identified or agreed by the Secretary of State.40 C. The protection of children 53. The Special Rapporteur welcomes the withdrawal on November 2008 of the general reservation that the State had made upon ratification of the Convention of the Rights of the Child in connection with its application in the context of migration. He also notes with appreciation the establishment of the “Every Child Matters” framework aimed at ensuring that all children – regardless of their background or circumstances – are supported in the areas of health, education, social inclusion, participation and economic well-being. However, he regrets that, despite the numbers of immigrant children and children from a migrant background in the country, immigration status continues being a major barrier to children’s equal access to education and health care, as suggested by a study released by UNICEF in October 2009.41 54. Despite the law recognizing equal rights for students, regardless of refugee or other status, including for the purpose of the right to mandatory education maintenance grants and loans, asylum-seekers who have not been granted any type of leave to remain in the United Kingdom must in practice fulfil a three-year residency requirement before becoming eligible for higher education grants or loans. They are regarded as overseas students for purposes of fees and awards for further and higher education, although they may be eligible to take part-time further education courses at reduced fees. Furthermore, asylum-seekers generally face difficulties in securing access to further and higher education, particularly if they live outside London.42 55. The Special Rapporteur remains concerned about the use of detention in immigration control and the process of refugee status determination. In this connection, the House of Commons has stated in a report that nearly 1,000 children in families each year are detained in immigration removal centres.43 Stakeholders estimate that the figure is actually double that. 56. The Special Rapporteur has been informed of the instruction issued by UKBA regarding age-disputed cases of asylum-seekers, whereby “the claimant should be treated as an adult if their physical appearance/demeanour very strongly suggests that they are significantly over 18 years of age” and expresses concern about the lack of recognition of the benefit of the doubt in age-disputed cases. He notes with dismay that this guidance relies excessively on subjective criteria, having as a consequence the possibility that minors 39 40 41 42 43 14 See The Queen on the application of Ahmed Daq v. Secretary of State for the Home Department, EWHC 1655 (Admin), CO/3586/2009, 25 June 2009. Available from http://www.unhcr.org/refworld/ pdfid/4a5d96c22.pdf. This case was also covered by local media. See, inter alia, Tom Whitehead, “Criminal failed asylum seeker to be released due to Home Office delays”, Telegraph, 26 June 2009 and Tooks Chambers, “High Court Orders Release of Somali Asylum Seeker after Three Years in Detention Awaiting Deportation”, 26 June 2009. Available from http://www.tooks.co.uk/law/immigration/. See “The Situation among Children in Immigrant Families in the United Kingdom”. Ibid., p. 46. House of Commons, “The Detention of Children in the Immigration System”, first report of session 2009–10, November 2009, p. 3. GE.10-12095