Background information
The Qualification Directive highlights the principle of family unity. If the applicant does not know where their parents or guardians are, or is unable to contact them, the administration will initiate a procedure to find out where the family is and contact them. The tracing of family members must be launched as soon as possible after the application is made (146). Family members include at least mother and father. Consult your national legislation regarding who is considered a family member for the family tracing process in your country.
Collecting information about a child’s relatives must be conducted in line with the principle of confidentiality.
The family tracing should be initiated if it is in the best interests of the child (147).
(146) Article 24(3) RCD ‘Unaccompanied minors’ is also relevant, as the obligation to start family tracing as soon as possible after the application is made comes from there.
(147) Article 31(5) QD (recast) ‘Unaccompanied minors’.
Explain these messages to the applicant during the first contact (making), registration/lodging, personal interview and notification stage:
- It is important that the applicant provides any information about the whereabouts of their parents or guardians, their contact details and any other relevant information.
- Finding their parents or guardians is not an obligation and the child should inform the authorities about any reasons not to contact the parents or guardians. It is important that the applicant shares any concerns and reasons they would not want the parents or guardians to be contacted.
- Reassure the applicant about confidentiality. The information they provide about family members will not be shared with people not entitled to know, for example in the home country. The family members will not be put in danger.