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S.L. 420.7 · Procedural Standards For Granting (S.L. 420.7)

S.L. 420.7 Art. 18Unaccompanied minor falling within the provisions of article 13(3) of the Act.

In KraftAmtlicher Text

(1) With regard to an unaccompanied minor falling within the provisions of article 13(3) of the Act action shall be taken as soon as possible, and not later than thirty days from the issue of the care order under that article, as follows:

(a) the unaccompanied minor shall be represented and assisted by a representative, appointed by the Chief

Executive Officer of the Agency for the Welfare of Asylum Seekers, during all the phases of the asylum procedure;

(b) the unaccompanied minor shall be informed immediately of the appointment of a representative, who shall perform his duties in the best interests of the minor and shall also have the necessary knowledge of the special needs of minors;

(c) the person acting as a representative shall be changed only when necessary;

(d) it shall be ensured that the appointed representative of the unaccompanied minor is given the opportunity to inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself for the personal interview. The representative shall be present at the interview and may ask questions or make comments within the framework set by the person who conducts the interview;

(e) it shall be ensured that unaccompanied minors shall be provided with legal and procedural information, free of charge, in accordance with regulation 12;

(f) where an unaccompanied minor has a personal interview on his application for international protection, that interview is to be conducted and the decision prepared by a person who has the necessary knowledge of the special needs of minors.

(2) For the purpose of sub-regulation (1), organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible to become representatives.

(3) Without prejudice to sub-regulation (1), unaccompanied minors shall be accommodated in centres specialised in accommodation for minors or in any other accommodation suitable for the minor or entrusted either to his adult relatives or a foster family: Provided that in determining who will be entitled to assume the custody of the minor, regard shall be had to the views of the minor, taking into account the age and degree of maturity of such minor: Provided further that, as far as possible, siblings shall be kept together, taking into account the best interests of the minor concerned and the age and degree of maturity of the minor concerned:

Provided further that changes of residence of unaccompanied minors shall be limited to a minimum.

(4) If an unaccompanied minor is granted international protection, the authority responsible for the provision of services to unaccompanied minors, with the assistance of international organisations as necessary, shall proceed with the tracing of the family members of the minor, provided that this is in the best interests of the minor: Provided that in cases where there may be a threat to the life or integrity of the minor himself or his close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning these persons is undertaken on a confidential basis.

Änderungsgeschichte
  • Amended by L.N. 273 of 2022