First contact
Registration
Identification
Accommodation
First assistance
Age assessment
Family tracing
Relocation
Case assessment
Care planning Life project
Education and training
Work
Health care
Residence permit
Asylum procedure
Best interests determination
Identification of a durable solution
Implementation of a durable solution
Family reunification
Preventing Immigration detention
Turning 18: Leaving care
Aftercare
Ending guardianship
Asylum procedure
The asylum procedure is an administrative or judicial procedure by
which a person from a third country outside the EU applies for international
protection by an EU Member State. In the European Union, the asylum procedure
is regulated by a set of laws and standards, the so-called “EU asylum acquis”. The EU Charter guarantees the “right to asylum”.
This means that persons who qualify for asylum have the right to have their
status recognised (EU Charter of
Fundamental Rights, Article 18).
Asylum-seekers are persons who “request
international protection on the basis that they cannot return or be returned to
their country of origin because they have a well-founded fear of
persecution or are at risk of being ill-treated or being subjected to other
serious harm (…).”[1]
The Qualification Directive (2011/95/EU) provides
in Article 13 for the refugee status and in Article 18 for the subsidiary
protection status for those who need international protection, but do not
qualify for refugee status. The status of international protection granted to a
person under the EU Qualification Directive can be revoked in certain
circumstances, for example if there has been a fundamental and genuine
improvement in the situation in their country of origin.[2]
The guardian safeguards the rights and best
interests of the child in the context of the asylum procedure and facilitates
the child’s meaningful participation in the procedure.
Reference:
EU training and learning platform for guardians of
unaccompanied children
Chapter 3: Supporting the child from arrival to durable solution
Handout 21: Asylum procedure
Handout 25: Child-sensitiveprocedural safeguards
Literature:
European Asylum Support Office (2019), EASO Practical Guide on the best interests of the child in
asylum procedures, EASO Practical Guide Series, 2019.
FRA
(European Union Agency for Fundamental Rights) (2014), Guardianship for children deprived of
parental care, A handbook to reinforce guardianship systems to cater for
the specific needs of child victims of trafficking, Luxembourg, Publications Office of
the European Union (Publications Office).
FRA (European
Union Agency for Fundamental Rights) and Council of Europe (2020), Handbook on European law relating toasylum, borders and immigration,
Edition 2020, Luxembourg, Publications Office of the European Union
(Publications Office).
UNHCR
(2009), Guidelines on international protection: Child asylum claims under
articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to
the Status of Refugees, HCR/GIP/09/08, 22
December 2009.
UNHCR (2019), Handbook on procedures and criteria for determining refugee
status and guidelines on international protection under the 1951
Convention and the 1967 Protocol relating to the status of refugees,
Geneva, 2019.
[1] FRA (European Union Agency for Fundamental Rights)
and Council of Europe (2020), Handbook on European law relating to asylum, borders and immigration, Edition 2020, Luxembourg, Publications Office of the
European Union (Publications Office), p. 81.
[2] FRA (European Union Agency for Fundamental Rights)
and Council of Europe (2020), Handbook on
European law relating to asylum, borders and immigration
, Edition 2020, Luxembourg, Publications Office of the
European Union (Publications Office), p. 83.