Clearer EU rules for unaccompanied minors seeking international protection
27 Jun 2014 02:37 PM
Last year 12,690
unaccompanied minors submitted an asylum application in the EU. Some of
them have no one to turn to in EU Member States and find themselves in
extremely vulnerable positions, facing particular challenges in the early steps
of the asylum procedure.
In the light of a recent
judgment of the Court of Justice of the EU, the Commission is proposing to
clarify which Member State is responsible for examining applications made by
unaccompanied minors. The proposal will, in particular, improve the situation
of those minor applicants for international protection who have no family,
siblings or relatives on the EU territory.
As a matter of principle,
the minor applicant for international protection found in such a
situation will have his/her case examined by the Member State where he/she has
lodged an application and where he/she is present. The applicant will remain on
the territory of that Member State during the examination application process,
unless this is not in his/her best interests.
"The rights of the
child must always come first. We need clearer and more predictable EU asylum
rules for unaccompanied minors. Our proposal will ensure that the best
interests of minors will always prevail in the Dublin procedure and that these
minors will not be needlessly transferred from one EU State to
another. They will have quicker access to the procedures for
determining international protection status. This will boost the effectiveness
of our common asylum system for some of the most vulnerable of
all", said Commissioner for Home Affairs Cecilia
Malmström.
The proposal amending the Dublin
Regulation provides legal certainty in respect of responsibility for examining
the application for international protection of unaccompanied
minors who have no family, siblings or relatives on the EU territory.
It covers the two possible cases of minors in such
cases:
-
When the minor has lodged
multiple applications for international protection, including in the Member
State where he or she is currently present, this Member State will be
responsible for examining his/her application (provided that this corresponds
to the minor's best interest).
-
When the minor who is an
applicant for international protection is present in the territory of a Member
State without having lodged an application there, this Member State must
provide him/her with an effective opportunity to lodge an application
there.
-
If he/she decides to apply in
that Member State, he/she will remain in that Member State who will be
responsible for examining his/her application (provided that this corresponds
to the minor's best interest).
-
If he/she decides not to lodge
an application in the Member State where he/she is present, the Member State
responsible should be the one where the minor has lodged his/her most recent
application, unless this is not in the best interests of the
minor.
In order to jointly establish
the Member State responsible and avoid conflicts of interest, the concerned
Member States shall cooperate in assessing the best interests of the
minor.
Finally, to facilitate
cooperation between Member States and prevent abuse, the proposal provides that
Member States must inform each other of a newly assumed
responsibility.
The Commission proposal will now
be discussed by the European Parliament and the Council of the EU. The
Commission hopes an agreement can be reached during the Italian
Presidency.
Background
The Dublin Regulation establishes criteria and
mechanisms for determining the Member State responsible for examining an
application for international protection lodged in one of the Member States.
The criteria for establishing responsibility run, in hierarchical order, from
family considerations, to recent possession of visa or residence permit in a
Member State, to whether the applicant has entered EU irregularly, or
regularly.
When the new Dublin Regulation
(so-called 'Dublin III') was agreed in June 2013, the Commission
announced its intention to address the current ambiguity of the provision
on unaccompanied minors who have no family, siblings or relatives on the
territory of the Member States, and to take account of the relevant ruling of
the EU Court of Justice (case C-648/11 MA and Others vs.
Secretary of State for the Home Department delivered on 6 June
2013).
The Dublin III Regulation also
contains guarantees that apply to all minors subject to the 'Dublin
procedure' (Article 6), including to: ensure representation of the
unaccompanied minor; attempt to trace the unaccompanied minors' family
members as quickly as possible; consider family unity, welfare and social
development of the unaccompanied minor as well as his/her safety and opinion
when assessing the best interests of the child.
The Dublin III Regulation
applies since 1 January 2014 in all Member States, including the UK,
Ireland and Denmark (by virtue of an international agreement concluded in 2006
between the European Community and Denmark), as well as in the four non EU
countries participating in Schengen (Iceland, Norway, Switzerland and
Liechtenstein).
Useful Links
Cecilia
Malmström's website
Follow Commissioner
Malmström on Twitter
DG Home Affairs website
Follow DG Home Affairs
on Twitter
Commission proposal to amend Article 8(4) of the Dublin
Regulation