Unaccompanied minors and vulnerable applicants

• Pages: 97-114

EASO Asylum Report 2020

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Section 6. Unaccompanied minors and vulnerable

applicants

This section provides qualitative and quantitative information on developments and challenges

reported on the situation of vulnerable applicants in the asylum system, covering identification of

vulnerable applicants, training initiatives, material reception conditions, case law and data on the

number and profiles of una ccompanied minors in 2019. Cha nges in the methodology for age

assessment and procedures to appoint legal guardians are presented. The section also describes

developments and challenges in the provision of information and procedures at first instance

covering all vulnerable applicants. Other sections of this report also cover developments not

addressed in detail in this section, such as detention (Section 7.8), content of p rotection (Section

7.12) and return of former applicants (Section 7.13).

T               M “

unaccompanied by the adult responsible for them by law or by the practice of the Member State

concerned, and for as long as they are not effectively taken into the care of such a person. It includes

              M “xxxii

Special provisions are in place in EU legislation for vulnerable groups in the asylum system, specified

in the recast Asylum Procedures Directive and in the recast Reception Conditions Directive. The recast

Asylum Procedures Directive, Article 2(d) defines applicants in need of special procedural guarantees

as those with a limited ability to benefit from rights and fulfil the obligations granted in the directive

due to individual circumstances. Recital 29 gives examp les of these circumstances although it is not

an exhaustive list: age; gender; sexual orientation; gender identity; disability; serious illness; mental

disorders; consequences of torture, rape or other serious forms of psychological; and physical or

sexual violence.

The recast Asylum Procedures Directive, Article 24 outlines the elements of special procedural

guarantees for applicants in general, and Article 25 specifies the guarantees for unaccompanied

minors. Member States are required to assess within a reasonable time whether there is a need to

implement these guarantees for individual applicants and provide adequate support.

The recast Reception Conditions Directive defines applicants with special reception needs. It also lists

examples, which are non-exhaustive, but the examples cover a slightly different scope. It explicitly

mentions unaccompanied minors, single parents with minor children, victims of human trafficking and

victims of female genital mutilation (FGM), but it does not refer to gende r, sexual orientation or

gender identity. Detailed provisions are listed in the recast Reception Conditions Directive, Chapter IV

and require Member States to take into account the specific situation of a vulnerable applicant, assess

within a reasonable period whether an applicant is vulnerable and ensure that the needs are

addressed. Chapter IV also li sts specific provisions for minors, unaccompanied minors and victims of

torture and violence. Article 11 lists the conditions for det aining vulnerable persons and applicants

with special reception needs.

xxxii See EMN Glossary  unaccompanied minor, as derived from the recast Qualification Directive, Article 2(l).

Annual Report on the Situation of Asylum in the European Union

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As in previous years, many initiatives were launched in 2019 to improve the situation of vulnerable

applicants. Nevertheless, it is an aspect of the asylum process which raises many concerns and new

challenges arose over the year, pointing to possible detrimental effects of newly-adopted asylum laws

and policies.

6.1 Identification of vulnerable applicants

Developments in legislation, policy and practice

Belgium stood out in 2019 for undertaking great efforts to improve its identification

system. M any initiatives were piloted in the new temporary Arrival Centre set up in

December 2018 in Brussels to identify more efficient ly all applicants with special

reception needs or in need of special procedural guarantees. There are both medical

and social screenings in the arrival path, followed by a more in-depth examination for

all applicants. The Federal Agency for t he Reception of Asylum Seekers (Fedasil) defines the material

reception conditions and recommends special procedural needs to the Commissioner General f or

Refugees and Stateless Persons (CGRS) based on the information gathered through appointments with

the applicants. Unaccompanied minors are prioritised and separated from adult applicants within the

arrival path (in addition to the Arrival Centre, there are also 4 specific centres dedicated to the

assessment of unaccompanied minors needs). Fedasil has also been developing and testing a new

early screening tool to support social workers at the Arrival Centre.

Many initiatives were ongoing in Cyprus as well. A screening system was developed in the First

Reception Centre Pournara, where UNHCR and EASO supported the Asylum Service with the

process, but the tool is still to be implemented in practice.197 UNHCR and the Cyprus Refugee Council,

a local NGO, stepped in and carried out vulnerability screening as there was no systematic mechanism

in place. The Social Welfare Services developed and launched a standard referral form to improve the

identification of potential victims of human trafficking, which is now also used in this reception centre.

The increasing number of arrivals in Malta triggered a review of identification processes. For example,

funded through an AMIF project, a psychosocial team was set up to identify vu lnerabilities related to

mental health. These applicants are then referred to the care team.

In France, a national working group and three thematic working groups were set up to elaborate an

action plan to draft a circular on det ecting and addressing vulnerabilities of applicants and

beneficiaries of international protection throughout the entire asylum and integration p rocess. The

aim is to detect vulnerabilities as soon as possible and to take them into account and adapt responses

during the whole instruction process. Four main issues were targeted: physical and mental health;

women victim of violenc e and hu man trafficking; lesbian, gay, bisexual, trans-gender and intersex

(LGBTI) asylum seekers; and re fugees and unaccompanied minors. This plan will be put into practice

in 2020/2021. A new automated data processing system for unaccompanied children (see Section 5.3)

was introduced to support the evaluation of the situation of unaccompanied minors, and a new order

requires evaluators to be attentive to any signs of trafficking and exploitation, and ensure adequate

follow-up (FR LEG 03). Civil society organisations, however, found that the measures were applied

    tments, where some departmental authorities focused more on

controlling applicants       198

Similarly, legal changes entered into force in Germany to enhance the identification a nd registration

of children (DE LEG 01). Fingerprinting will become obligatory after April 2021 for all children older

than 6 years. The local Youth Welfare Office responsible for the initial screening of unaccompanied

minors is now obliged to ensure that the minor is identified and the data are transmitted to the Central

Register of Foreigners (AZR, Ausländerzentralregister).