Background information
Certain applicants may be in need of special procedural guarantees due, inter alia, to their age, gender, sexual orientation, gender identity, disability, serious illness, mental disorders or as a consequence of torture, rape or other serious forms of psychological, physical or sexual violence (recital 29 APD (recast)).
The authorities are obliged to assess if the applicant is in need of special procedural guarantees. When this is the case, applicants should be provided with adequate support and time as well as the appropriate conditions to ensure effective access to asylum procedures and to ensure that they can benefit from the rights and comply with the obligations (149).
The procedures related to the identification of special needs and the nature of the support will depend on the individual procedural needs of the applicant and on national practice. This may include, for example, specific services for specific groups, such as:
- medical and psychological assistance for disabled applicants or applicants with health problems;
- support for victims of THB, such as the national referral mechanism for victims of THB;
- specialised social services for children, such as childcare;
- appointment of a representative/guardian, providing extra assistance with the relevant procedures and formalities or information on the possibility to appoint a representative for applicants with intellectual disabilities or severe mental health disorders.
(149) Article 24(1) and (3) APD (recast) ‘Applicants in need of special procedural guarantees’.
Explain these messages to the applicant during the first contact (making) and registration/lodging:
- Applicants should inform the authorities if they are unwell, if they need psychological or medical support, if they are pregnant, if they had serious traumatic experiences, such as torture, rape and serious forms of psychological, physical or sexual violence in order to receive adequate support. This should also include informing the authorities about any protection concerns in the host country.
Explain these additional messages to the applicant during the registration/lodging:
- If the applicant has special needs, how these needs will be addressed, the available support and relevant procedural safeguards in accordance with national practice. This may include providing additional time, appointing specialised staff to the case and the possibility to a request male or female case officer and interpreter.
Practical tip: considering the need for special arrangements for the personal interview
Specific profiles (e.g. disabled applicants, single parents with children) might need additional information regarding specific arrangements for the personal interview.