Background information
Each applicant has the right to make an application for international protection on their own behalf.
If an application is made through the applicant’s relative on their behalf, the dependent adult should be informed, in private, of their right to make a separate application. This is to ensure that every (dependent) adult has an effective opportunity to make a separate application for international protection.
If the application is made through the applicant’s relative, the dependent adult should be informed, in private, of the procedural consequences of not lodging an application on their own. Such consequences may include that one single decision will be issued. The dependent adult’s consent should be requested at the time the application is lodged or, at the latest, when the personal interview with the dependent adult is conducted (Article 7(2) APD (recast)).
Explain these messages to the applicant during the first contact (making) and registration/lodging:
- While it may be possible (depending on national legislation) that an applicant lodges an application on behalf of dependant adults, any adult applicant can always apply for international protection on their own behalf.
- It is not an obligation to lodge one single application for the whole family. Dependent adults have the right to lodge a separate application for international protection.
- Inform the applicant on how to lodge a separate application.
Explain these additional messages to the applicant during the registration/lodging:
- If an applicant applies on behalf of dependant adults, the dependent adults have to consent to the lodging of the application on their behalf. Information on how to give consent should be provided.
- Regardless of whether an applicant is applying on their own or someone is applying on their behalf, the applicant will be given the opportunity for a personal interview (65). This should normally take place without the presence of family members so that confidentiality is ensured (66).
- If the application is lodged on behalf of dependent adults, a decision that considers why the family members fear returning to their home country will normally be provided.
- The examination will take into account all the reasons for applying for international protection stated by the applicant and their family members. The applicant should indicate to the asylum authorities if there are good reasons for not sharing the reasons for applying for international protection with their family members.
(65) Article 14(1) APD (recast) ‘Personal interview’.
(66) Articles 15(1) and (2) APD (recast) ‘Requirements for a personal interview’.
Practical tips on providing information to dependent applicants individually
- Make appropriate arrangements in order to be able to provide information to the dependent applicant individually and in a place that ensures sufficient privacy.
- Pay particular attention to actively identifying applicants to whom this information is relevant, such as women and elderly people. In such cases, make sure that the (perceived) dependent applicant has an opportunity to take an independent decision without anybody intervening or speaking on their behalf.