Background information
If the applicant for international protection is a child, their best interests are a primary consideration (Article 25(6) APD (recast) - 'Guarantees for unaccompanied children'). The principle of the best interests of the child means that in every step of the asylum procedure, the specific circumstances of each child is to be taken into consideration. These include the child’s protection and safety, well-being and social development, identity and background, family situation and family unity, and the child’s views according to their age and maturity. Specific procedural safeguards and guarantees must be in place to ensure that the principle of the best interests of the child is applied (Recital 18 QD (recast)).
This means that a child applicant needs to receive specific information related to the special guarantees that are provided in application of the principle of best interests of the child.
Related EUAA tool
For more information see the EASO, Practical guide on the best interests of the child in asylum procedures, 2019.
Explain these messages to the applicant during the first contact (making) and registration/lodging:
- In Europe, everyone under the age of 18 is considered to be a child and thus is entitled to certain protection and safeguards. If the applicant is under the age of 18, or they are not sure if they are older, they should inform the officials in order to receive appropriate support.
- Any unaccompanied person should inform the authorities if they are younger than 18 (or if they are not sure if they are). Unaccompanied children are entitled to special protection and assistance. For more information, see topic 'Rights concerning (unaccompanied) children'.
- Offer guidance on how child applicants can express their views regarding their application and how they can report any incidents of harm, abuse, or discrimination.
Explain these additional messages to the applicant during the registration/lodging and personal interview:
- The child’s best interests and well-being are the primary considerations during all steps of the asylum procedure in order to ensure their safety, welfare, social development, etc.
- The child has a right to express their views and opinions (concerns, fears, wishes). These will be taken into consideration if they are in their best interests and well-being.
- When considering the child’s views and opinions, their age and maturity will be taken into account.
- The child can share views and opinions with the asylum administration, either through their parents or guardian or directly, according to your national practice.
- For unaccompanied child minors, depending on your national laws and policies, the child may be obliged to participate in a personal interview with their legal representative. The interview is the moment when the child can share their views and opinion.
- For accompanied children, depending on national practice, they may have the possibility to have their own personal interview.
Explain these additional messages during the personal interview:
- If the interviewer has reservations about the age of the applicant (e.g. reservations about whether the applicant is above 18), information should be provided to the applicant about the possibility to declare that they are under 18.
- The risks related to THB that the applicant could be exposed to and the warning signs of THB. By raising awareness about this issue during the interview process, applicants can be better equipped to protect themselves and seek help if they encounter any suspicious behaviour or situations.