Possible outcomes of best interest assessments

Pages19-27
FRA Focus
19
5. Possible outcomes of best interest
assessments
This section relates to the implementation of which-
ever approach is found to be in an unaccompanied
child’s best interests. It discusses possible outcomes
and scenarios following the best interest assess-
ment. It does not, however, cover situations in which
children are reunited with their parents in another
EU Member State or athird country.
The outcomes presented include the granting of
a residence permit to the child concerned (Sec-
tion5.1); the unaccompanied migrant child’s volun-
tary departure (Section 5.2.1); removal to the coun-
try of origin as ameasure of last resort, and only if
anumber of preconditions are met and adequate
safeguards are in place (Section 5.2.2); and, brief‌ly,
the postponement of an already decided removal
due to specif‌ic circumstances (Section 5.3). Figure 7
illustrates the possible outcomes of best interest
assessments.
As FRA pointed out in its 2017 report, children should
not be deprived of their liberty on immigration-
related grounds. This is especially crucial for unac-
companied children, regardless of the outcome of
the best interest assessment. To promote children’s
right to protection and care, the EU and its Mem-
ber States should develop credible and effective
Figure 7: Possible outcomes and durable solutions following best interest assessments
Right to stay
in the Member State
(local integration)
Oversight by child
protection services
Voluntary
departure
& reintegration
Removal (only in strictly
circumscribed cases,
measure of last resort)
Postponement
of removal
Resettlement
/family
reunif‌ication
in a third country
Return
to the country
of origin
Post-return monitoring
POSSIBLE OUTCOMES
Note: Outcomes presented in orange are not covered in this report.
Source: FRA, 2019

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