Unaccompanied minor

The aftercare services available for national children deprived of parental care can guide caseworkers and officers in planning the support for the child's transition into adulthood.

Some countries extend the young person's stay in reception homes for children until appropriate accommodation is found.

[13] The authorities of the country of destination must inform the competent consular office without delay when the appointment of a guardian for a child is considered.

The laws and regulations of the receiving State concerning the appointment of a guardian apply and are not affected by the information sharing with the relevant consular offices.

[7] Before a decision on resettlement is taken, the best interests’ determination process considers the following, with reference to articles under the UN Convention on the Rights of the Child: When resettlement is explored for family reunification purposes, the child and the family member located in the third country need to consent and want to reunify.

Under this precondition, adults and children could be transferred to another participating State without compromising the right of the person to international protection with appropriate standards of reception and care.

Once a Member State receives a request to take charge of an applicant, the decision shall be taken within a period of two months.

The transfer is automatically suspended during the appeal or review of a decision, and the applicant has a right to remain in the Member State pending the outcome.

[25] The responsibility of the Member State ceases when there is evidence to ascertain that the person concerned has left the territory for at least three months.

Before the return, the authorities of the destination country ensure the child will be received in safe care and looked after.

Children and young people can be better prepared to lead an independent life as adults gain an income if provided training relevant to the country of origin in life and social skills, academic and professional training, as well as entrepreneurial skills and negotiating capacities.

Continuity of the care arrangements and support services for the child from the country of destination to the country of return is a priority, including: Pre-return counselling, including psycho-social counselling, can help the returnee deal with distress and concern that may arise even when the return it is considered to be in the best interests of the child.

An escort ensures the child arrives safely and is met by the responsible authorities and guardian or caregiver.

The cross-border team monitors and evaluates return programmes, particularly the reintegration support, the appropriateness and sustainability of the measures.

National child protection systems and referral mechanisms can ensure monitoring takes place and the findings are taken into account to inform prompt adjustments.

It guides caseworkers and officers who are considering protection measures in cross-border cases involving children who are EU nationals.

National branches of the International Social Service can provide support with the practical arrangements for the child's return to the country of habitual residence, translation of social evaluation reports and providing expert opinions prior to the return and in follow-up.

The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time".

Detention cannot be justified solely on the basis of the child being unaccompanied or separated, or on their migratory or residence status, or lack thereof."

In immigration detention, children often face challenges in accessing education, appropriate health services, adequate food and accommodation and may have limited opportunities for leisure time and recreational activities.

The intention is that the control of the returnees through detention is replaced by a process of management and supervision with respect to the human rights of the persons concerned, which is also more cost-effective for the state.

[42] The minimum standards for detaining migrant children, as described by the Committee on the Rights of the Child, are: Most European have experienced an increase in unaccompanied minors[citation needed].

The majority of minors are male, between 15 and 18 years, from Afghanistan, Iraq, Western and Central Africa and Somalia.

An institute of forensic medicine in Münster determined the age of 594 of unaccompanied minors in 2019 and found that 234 (40%) were likely 18 years or older and would therefore be processed as adults by authorities.