CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ AGE ASSESSMENT OF UNACCOMPANIED MINORS IN ASYLUM LAW 2011/95/EU 17 specifies conditions for providing international protection, such as refugee status, subsidiary protection, and the scope of the protection granted. The Directive requires that EU countries consider child-specific forms of persecution (Article 9(2)(f )) and the specific situation of unaccompanied minors as vulnerable persons (Article 20(3)) when assessing applications from minors for international protection. States must ensure the representation of unaccompanied minors by a qualified legal guardian and accommodate them, considering their age and degree of maturity. Changes of residence for such minors must be minimal, and siblings must live together. States are obligated to look for relatives (Article 31). The Directive requires that EU countries consider the child’s best interests a primary consideration when implementing it (Article 20(5). Directive 2013/32/EU 18 provides procedural guarantees for unaccompanied children in standard procedures for granting and withdrawing international protection, in particular, the appointment of a representative to assist them in procedural acts and to act in the best interests of the child. Directive 2008/115/EC (Return Directive) 19 requires the EU countries to make return of unaccompanied children when they go to a family member, a nominated guardian or adequate reception facilities in the state of return (Article 10). Following the Directive, the unaccompanied minors must be detained as a measure of last resort and for a short time (Article 17). Finally, Regulation (EU) No 604/2013 (Dublin III Regulation) 20 requires EU countries to provide information to unaccompanied children in a child-friendly way (Article 4(3) and ensure the best interests of the child in determining the EU country responsible for examining an application for international protection. The implementation of European and international obligations in Lithuanian and Czech Asylum Law In Lithuania, following the EU Law, Article 2(16) of the Law on the Legal Status of Foreigners No IX-2206 (Law No IX-2206) specifies that an unaccompanied minor foreigner is a minor foreigner who arrived in Lithuania without parents or other legal representatives or who remained without them after arriving in Lithuania. According to Article 2(18 2 ) of Law No IX-2206, they are considered vulnerable. Unaccompanied children have greater protection and more rights than adult foreigners. Law No IX-2206 requires the child’s best interest principle to be upheld throughout the asylum process (Article 67(5). The initial interview and vulnerability assessment of an unaccompanied minor, including an asylum seeker, must be conducted in the presence of a legal aid lawyer and a child rights protection 17 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast), OJ L 337, 20.12.2011, pp. 9–26. 18 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast), OJ L 180, 29/06/2013, pp. 60–95. 19 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, pp. 98–107. (The Return Directive). 20 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (Dublin III Regulation), OJ L 180, 29/06/2013, pp. 31–59.

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