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Report of the European Asylum Support Office (EASO) - « Guidance on the Dublin procedure : operational standards and indicators »

Publié le jeudi 5 mars 2020 , mis à jour le jeudi 5 mars 2020

Source : European Asylum Support Office (EASO)

Date : February 2020

Contents :

« [*List of abbreviations*]

[*Introduction*]

Structure and format of the guidance
Legal framework
How to read this guidance
Terminology

[*General principles*]

1. Procedural guarantees for persons falling under the Dublin procedure

  • Confidentiality
  • Information provision
  • Language
  • Understanding
  • Presenting and assessing new information

2. Identifying a possible Dublin case

  • The Eurodac system
  • The Visa Information System database
  • Documents belonging to the person concerned
  • The personal interview

3. Request for information

4. Assessing responsability

  • Awareness and training
  • A comprehensive dossier
  • Allowing and assessing evidence

5. Sending the take back / take charge request

  • Timely request
  • Including proof and evidence
  • Use of DuliNet for sending take back / take charge requests

6. Replying to the take back / take charge request

  • Timely replies
  • Clear and unambiguous wording
  • Use of DuliNet for replying to the back / take charge request
  • Positive replies
  • Acceptance by default
  • Negative replies
  • Re-examination procedure

7. Unaccompanied minors

The Dublin III Regulation provides specific rules regarding children. Member States prioritise these cases to seek family reunification possibilities when the child is unaccompanied, and at each step the greatest care should be given to the assessment of the best interests of the child. There are also specific procedural guarantees that the Member States authorities have to apply.

With regard to unaccompanied minors, the following standards and indicators are agreed upon.

  • Best interests of the child

- Dublin III Regulation : recitals 13, 16 and 24 and Article 6(1)
- Implementing Regulation : Articles 12(1), (2) and (5) and 16a(2)

[**STANDARD 36 : For Member State authorities, the best interests of the child should be a primary consideration and should be assessed throughout the Dublin procedure*]

Indicator 36.1 : Case officers of the Member State authority are aware of their duties and have the appropriate training to be able to ensure the best interests of the child in the context of maintaining family unity as far as possible.

Indicator 36.2 : Case officers of the Member State authority have timely access to the relevant expertise regarding assessing the capacity of a relative or an adult to take care of a child.

Indicator 36.3 : The Member State authority appoints a qualified representative as soon as possible who acts in the child’s best interests and who can help to ensure the necessary environment of trust for a child to disclose information about their family.

Indicator 36.4 : The competent authority has an established procedure in place to guarantee that the child’s right to participate and have their views heard is respected, and that these views are considered according to their age and maturity.

[(Good practice related to standardised templates for the best interests assessment
Some Member States use a standardised template for specifically assessing the best interests of the child under Dublin procedure.)]

[(Complementary EASO tool regarding best interests assessment
EASO Practical Guide on the best interests of the child in asylum procedures

The EASO Practical Guide on the best interests of the child in asylum procedures is intended for practitioners and policy-makers dealing with children in the asylum context, and in particular for those involved in the assessment of the best interests of the child. The tool provides guidance on conducting best interests assessment and the necessary safeguards in different stages of the asylum procedure and with regards to reception conditions. In addition to practical guidance, it lists the available reference materials.)]

  • Appointing a representative

- Dublin III Regulation : Article 2(k) and Article 6(2)
- Implementing Regulation : Articles 12(3) and 16a(2)

[**STANDARD 37 : The Member State authority should appoint a representative for the unaccompanied minor as soon as possible.*]

Indicator 37.1 : The Member State authority has an established procedure to appoint an appropriate representative for the child.

[(Good practice related to appointing a representative
Member States appoint a representative to ensure the best interests of the child as well as a legal representative to provide legal advice throughout the procedure.)]

Indicator 37.2 : The pool of qualified representatives is sufficient to ensure the timely appointment of a representative for each unaccompanied child, and to ensure that representatives are not made responsible for too many cases at the same time.

  • Tracing family members, siblings and / or relatives

- Dublin III Regulation : recitals 16 and 35, Article 6(4) and Article 8
- Implementing Regulation : Article 11(6) and Article 12
- CFR : Article 7

[**STANDARD 38 : The Member State authority must search for and take into account any information provided by the minor or by any other credible source related to presence of family members, siblings and/or relatives on the territory of the Member States, and involve representatives in the tracing. Furthermore, the Member State authority should consult other Member States to identify family members, establish family links and, in case of a relative, assess the capability of that relative to take care of the child.*]

Indicator 38.1 : The Member State authority has established practices and guidelines in place for assisting case officers in the process of identification of family members, siblings and/or relatives and tracing family links.

[(Additional remark : An established practice for the identification of family members, siblings and/or relatives is having an interview template that includes questions regarding family members staying on the territory of any of the Member States.)]

Indicator 38.2 : Representatives assisting the child have quick and smooth access to the authority in charge of carrying out the Dublin procedure and are able to submit information or documents regarding family member, sibling or relative of the child in a timely manner.

Indicator 38.3 : The Member State authority makes the appropriate measures and involve representatives to trace family members, siblings and/or relatives of the unaccompanied child on the territory of another Member State as soon as possible.

[(Good practice related to Standard Operating Procedure on family tracing
Member States agreed upon a Standard Operating Procedure (SOP) with relevant authorities or organisations that may assist in the tracing of and reunification with family members, siblings and/or relatives in the EU MS, designating their respective roles and tasks in the procedure.)]

Indicator 38.4 : The national authorities confirm the family links if the family member, sibling or relative is found in another Member State.

[(Complementary EASO tool regarding family tracing
EASO Practical guide on family tracing

The EASO Practical Guide on family tracing provides a set of guidance and reference materials to support EU+ States with regard to family tracing, as well as a mapping of current practices of family tracing in the EU+. The target groups of this guide are policy-makers and practitioners working with unaccompanied children and involved in different stages of the family tracing process. )]

- Dublin III Regulation : recitals 13, 16, 24 and 35, Article 6(3) and Article 8
- Implementing Regulation : Article 12 and Article 16a(2)

[**STANDARD 39 : Where family members, siblings and/or relatives of the minor are legally present on the territory of another Member State, and none are legally present in the Member State where the minor is currently staying, the Member State concerned should assess whether the restoration of family links is in the best interests of the child.*]

Indicator 39.1 : The Member State authority has an established procedure in place to consult the relevant authorities or organisations (e.g. child, protection services, etc.) about the possibility of family reunification.

Indicator 39.2 : The Member State authority has the appropriate means and procedure in place to collect additional information from the child (e.g. Dublin interview)

Indicator 39.3 : The Member State authority has access to sources to be able to collect information from other persons in a timely manner, if applicable (e.g. siblings, other persons the child travelled with, etc.)

Indicator 39.4 : In order to facilitate the best interests assessment, the competent authority makes inquiries about family members, siblings and/or relatives staying in another Member State.

[(Additional remark : In cases where an unaccompanied minor is concerned, the best interests of the child should be guaranteed. As specified in Article 12(2) Implementing Regulation, even though ‘the duration of procedures for placing a minor may lead to a failure to observe the time limits’ of the Dublin III Regulation, this should ‘not necessarily be an obstacle to continuing the procedure for determining the Member State responsible or carrying out a transfer’ of the unaccompanied minor.)]

Indicator 39.5 : The Member State authority has the appropriately trained staff and relevant means for initiating the exchange information with other Member States without delay and using the relevant templates of the Implementing Regulation.

- Dublin III Regulation : recitals 13, 16, 24 and 35, Articles 6(3) and 8(4)
- Implementing Regulation : Article 12

[**STANDARD 40 : Where no family members or relatives of the minor are found to be legally present on the territory of the Member States, the Member State where the minor is currently staying assesses the best interests of the child nevertheless in order to verify whether it should process the asylum application itself.*]

Indicator 40.1 : The Member State authority has an established procedure in place to consult the relevant authorities or organisations (e.g. child, protection services etc.) about the best interests of the child.

[(Additional remark : Relevant authorities or organisations include, inter alia, child protection services and social workers tasked with the care for unaccompanied minors.)]

Indicator 40.2 : The Member State authority has the appropriate means and procedure in place to collect
additional information from the child.

[(Additional remark : An example of an appropriate means to collect additional information is the Dublin interview or an additional Dublin interview.)]

Indicator 40.3 : The Member State authority has access to sources to be able to collect information from other persons in a timely manner, if applicable.

[(Additional remark : Other sources as mentioned here may include, for example, siblings and/or other persons the minor travelled with to the Member State the minor is currently staying.)]

Indicator 40.4 : The Member State authorities have a sufficient number of trained staff and other appropriate and relevant means for initiating the exchange of information with other Member States without delay and using the relevant templates of the Implementing Regulation.

8. Dependent persons and discretionary clauses

  • Situations of dependency
  • Discretionary clauses
  • Suspension of transfer

9. Non-applicants

  • Comparison in Eurodac

10. Notification of transfer decision and remedies

  • Before the notification
  • Timely notification
  • Lefal remedies
  • Communication on appeals with suspensive effect

11. Detention

12. Transfer

  • Arrangements
  • Arrival times and places
  • Transfer notifications
  • Using DubliNet for communicating information related to transfers
  • Transferring families
  • Flexibility in transfers
  • Erroneous transfers
  • Successful transfers
  • Voluntary transfers

[*Annex - Summary table : operational standars and indicators*]  »

***

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