Background information
If the applicant for international protection is a child, the application for international protection can be lodged in at least one of the following ways:
- on their own behalf (if they have the legal capacity);
- through their parents;
- through an adult family member or an adult responsible for them, if this is in accordance with the national law or practice;
- through a legal guardian (67).
National law will further specify the conditions for lodging an application in each of the ways listed above (68). At the same time, the best interests of the child should be considered when examining the possibility of making the application on their own behalf or through parents (69).
(67) Article 7(3) APD (recast) ‘Applications made on behalf of dependants or minors’.
(68) Article 7(5) APD (recast) ‘Applications made on behalf of dependants or minors’.
(69) Recital 33 APD (recast).
Explain the following messages to the child applicant during the first contact (making) and registration/lodging
In the case of an accompanied child, explain the following messages.
- Children can apply for international protection through their parents, an adult family member, an adult responsible for them or on their own behalf, if the child has the legal capacity to do so. Explain any further conditions as stipulated in the national legislation.
In the case of an unaccompanied child, explain the following messages.
- If a person under 18 years old has arrived alone, without a parent or another responsible adult, they are considered an unaccompanied child (70).
- The application can be lodged on their own behalf if the child has the legal capacity to do so or through a legal guardian. For more information, see topic ‘Appointment of a representative/guardian’.
(70) Article 2(l) QD (recast) ‘Definitions’.