Meeting Legal Needs of Unaccompanied Asylum-seeking Children
BSPC Working Group Meeting Jan 13th 2020, Berlin
Ulrike Schwarz, Bundesfachverband Unbegleitete Minderjährige Flüchtlinge
Understanding and meeting
the legal needs of
Unaccompanied Asylum Seeking
and
Refugee Children and Young People
„Gut Ankommen“ („Good Arrival“)
2018 – 2019
EU Project of the Bundesfachverband umF e.V. in cooperation with the „
Deutschen
Institut für Jugendhilfe und Familienrecht (DIJuF)“ and terre des hommes
Aim:
To improve reception conditions for unaccompanied minor refugees („uM“)
through training of professionals in the field of social work, family law
(judges and court personnel) and asylum
Ulrike Schwarz
Telefon: 030 / 820 97 43 – 0
Fax: 030 / 820 97 43 – 9
Mail:
info@b-umf.de
www.b-umf.de
Dieses Projekt wird aus Mitteln des Asyl-, Migrations- und Integrationsfonds gefördert
„Vom Ankommen zum Willkommen“ „from arrival to a welcome“
(summer 2019 – summer 2022)
EU Project of the Bundesfachverband umF e.V. in cooperation with
terre des
hommes
Aim:
.
To improve reception conditions for umF through training of professionals
By:
training of professionals working with unaccompanied minor refugees („uM“).
Developing an training modul for administrative personnel, legal personnel and
social workers on unaccompanied minor refugees. The module shall be included
into the standard school/college/ university curriculum
Ulrike Schwarz
Telefon: 030 / 820 97 43 – 0
Fax: 030 / 820 97 43 – 9
Mail:
info@b-umf.de
www.b-umf.de
Dieses Projekt wird aus Mitteln des Asyl-, Migrations- und Integrationsfonds gefördert
1.
Guinea
(general statistic: Syria)
2.
Afghanistan
(general statistic: Iraq)
3. Syria
(general statistic: Turkey)
4. Somalia
(general statistic: Afghanistan)
5. Iraq
(general statistic: Nigeria)
6. Eritrea
(general statistic: Iran)
Good to Know:
Countries of Origin
uM
Asylum Applications
01.01. – 30.09.2019
UM 2017:
78 %
UM
2019
:
48 %
(FAMILIES in 11/2019:
38 %)
Positive outcome does include
:
Asylum under the German constitution nach Art. 16a GG
International protection under Geneva Refugee Convention
International protection „subsidiary protection“
National prohibition of deportation („Abschiebeverbote“)
In case of appeal against the decision:
appr.
40 %
of the decision are
confirmed
(statistical data read and evaluated as provided on the BAMF website )
Good to Know:
Positive Outcome of
Asylum Claims uM 01.01 – 30.09.2019
border crossing
Obligation to be received and taken into care by the Youth Welfare
Authorities (= protection measure) in case of possible minority (
§ 42a
SGB VIII
)
What is the difference to refugee families ?
The Youth Welfare Office has exclusive jurisdiction
The only distribution system applying is within the YWO including a child
best interest determination
uM
YWO
Alien/Asylum L.
↔
↔
The child‘s best interest determination
Child‘s best interest in Asylum and Alien Law
•
Arrival/ illegal entry ( YWO protection measures: „Inobhutnahme“)
•
Departure/ Deportation (no return of U minors § 58 para. 1a
AufenthG )
•
No measures and applications in Alien Law and Asylum Proceedings
without legal representative
•
Legal claim to family reunification with both parents for recognized
Geneva Convention UM (§ 3 AsylG)
(untill mayority)
( § 36 Abs. 1
AufenthG)
Child‘s best interest in Asylum and Alien Law
•
Arrival/ illegal entry ( YWO protection measures: „Inobhutnahme“)
•
Departure/ Deportation (no return of U minors § 58 para. 1a
AufenthG )
•
No measures and applications in Alien Law and Asylum Proceedings
without legal representative
•
Legal claim to family reunification with both parents for recognized
Geneva Convention UM (§ 3 AsylG)
(untill mayority)
( § 36 Abs. 1
AufenthG)
•
No return under the Dublin Regulation in case of an asylum
application in Germany
the Job of the Youth Welfare System
protection measures: „Inobhutnahme“ and „Hilfe zur Erziehung“
•
Age assessment - YWO
•
Legal guardian obligatory
•
Placement in a youth welfare facility or foster care
•
„unaccompanied“ ?
„There is currently no methode available to
assess the exact age of a person“
European Asylum Support Office (EASO):
Practical guide on age assessment, December 2013
Age Assessment
European Asylum Support Office (EASO):
Practical guide on age assessment 2nd ed.,
spring 2018
„
unaccompanied (…): means a minor who arrives on
the territory of the Member States unaccompanied by
an adult responsible for him or her whether by law or
by the practice of the Member State concerned, and
for as long as he or she is not effectively taken into
the care of such a person; it includes a minor who is
left unaccompanied after he or she has entered the
territory of the Member States;
“
„unaccompanied“
Art. 2 e)
directive 2013/33/EU
of 26 June 2013
laying down standards for the reception of applicants for international protection
(reception directive)
•
Prior to guardianship: Emergency representation by the YWO
Including the possibility to apply for asylum in agreeement and with
participation of the UM
•
The Family Court has to appoint a legal guardian as soon as possible
The court itself will once more check whether the legal requirements for
guardianship are fulfilled: under – age as well as unaccompanied.
unaccompanied (+)
→ legal representation I
Y
W
O
“
C
l
e
a
r
i
n
g
“
I
•
Health
•
Education
•
Personal development – physically as well as psychologically
•
What kind of care taking facility is fiiting?
•
Family ties ? Search for family
•
Trafficking issues or other financila as well as psychological
dependencies?
•
Asylum application yes/no?
•
Legal guardianship? Who?
The Family Court‘s duties :
•
To confirm that the legal requirements for guardianship do apply
under age and unaccompanied
•
To chose a capable person
•
To monitor the guardianship
the guardian has to provide a written report every 6 – 12 month
In case of problems with the guardian the family court should be informed.
In case it is a guardian provided by the YWO, the superiors of the guardian
shall be informed.
•
To end or to initiate change of guardianship
unaccompanied (+)
→ legal representation
Amtsvormundschaft
An independent part of the Youth Welfare Office. The Amtsvormundschaft is part
of a state authorities and is there obliged to provide qualified personel in all areas
of legal representation, including asylum an alien law issues. The
Amtvormundschaft is paid by the state authority, the Vormund is an employee of
the state. Legally a Vormund may have not more than 50 minors to legally
represent. The Amtsvormund works wthin the state working hours (not on the
weekend).
Ehrenamtliche Einzelvormundschaft
Every person can become a Vormund on a voluntary basis. The family court has to
examine whether the person is capable and not a danger for the minor (i .e
because of a criminal record or history of child abuse). Ehrenamtliche Vormünder
receive a so called Aufwandsentschädigung (re-imbursed of expenses) paid by the
family court. This kind of Vormundschaft is mostly used by relatives. The minor
shall be participating in the choosing proceeding.
unaccompanied (+)
→ legal representation: guardianship I
Berufsvormundschaft
There a person doing Vormundschaft professional as an free-lance occupation.
The Berufsvormundschaft are done by professionals specializing in specific Youth
Welfare areas, such as children with special needs or: refugee children. The
family court appoints a Berufsvormund only in exceptional cases. The family court
covers the costs and wages.
Mitvormundschaft/Ergänzungspflegschaft
Very rarely there was and is the possibility to appoint an additional representativ
next to the Vormund for special problems. This can only be done next to an
Ehremantsvormund.
unaccompanied (+)
→ legal representation: guardianship II
The relationship triangle
– who is doing what
Y
W
O
“
C
l
e
a
r
i
n
g
“
I
I
(
w
i
t
h
g
u
a
r
d
i
a
n
)
•
Health
•
Education
•
Personal development – physically as well as psychologically
•
What kind of care taking facility is fiiting?
•
Family ties ? Search for family
•
Trafficking issues or other financila as well as psychological
dependencies?
•
Asylum application yes/no? Or alternative ways to secure residency?
Child‘s best interest in Asylum and Alien Law
Asylum Application ?
“The subsequent clearing procedure entails the initiation of further steps
under the law on youth assistance or on residence.
This includes
clarifying the residence status. It is decided on this basis whether an
asylum application is lodged. If such an application would not be
promising, the competent immigration authority may also issue a
temporary suspension of deportation (
Duldung
). If this cannot be
considered either, the immigration authority will discuss other
possibilities under the law on residence.”
German Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge):
“The stages of the German asylum procedure An overview of the individual procedural steps and
the legal basis
Asyl und Flüchtlingsschutz“ p.45.
Bundesfachverband unbegleitete minderjährige
Flüchtlinge e.V.
Paulsenstr. 55 – 56
12163 Berlin
Telefon: 030 / 8209743-0
Fax: 030 / 8209743-9
info@b-umf.de
www.b-umf.de
Thank you and open for
discussion and questions
Understanding and meeting the legal needs of unaccompanied asylum and refugee children and young people is crucial for their well-being. Projects like Gut Ankommen aim to improve reception conditions through training professionals in social work and family law. Good to Know data highlights countries of origin for asylum seekers, while Good to Know Asylum Claims statistics reveal outcomes for applications, including asylum under the German constitution and international protection.
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Presentation Transcript
Understanding and meeting Understanding and meeting the legal the legal needs needs of of Unaccompanied Unaccompanied Asylum and and Refugee Children and Young People Refugee Children and Young People Asylum Seeking Seeking BSPC Working Group Meeting Jan 13th 2020, Berlin Ulrike Schwarz, Bundesfachverband Unbegleitete Minderj hrige Fl chtlinge
Gut Ankommen (Good Arrival) Gut Ankommen ( Good Arrival ) 2018 2018 2019 2019 EU Project of the Bundesfachverband umF e.V. in cooperation with the Deutschen Institut f r Jugendhilfe und Familienrecht (DIJuF) and terre des hommes Aim: To improve reception conditions for unaccompanied minor refugees ( uM ) through training of professionals in the field of social work, family law (judges and court personnel) and asylum Ulrike Schwarz Ulrike Schwarz Telefon: 030 / 820 97 43 0 Fax: 030 / 820 97 43 9 Mail: info@b-umf.de www.b-umf.de Dieses Projekt wird aus Mitteln des Asyl-, Migrations- und Integrationsfonds gef rdert
Vom Ankommen zum Willkommen Vom Ankommen zum Willkommen from ( (summer summer 2019 2019 summer summer 2022) from arrival arrival to a to a welcome welcome 2022) EU Project of the Bundesfachverband umF e.V. in cooperation with terre des hommes Aim:. To improve reception conditions for umF through training of professionals By: training of professionals working with unaccompanied minor refugees ( uM ). Developing an training modul for administrative personnel, legal personnel and social workers on unaccompanied minor refugees. The module shall be included into the standard school/college/ university curriculum Ulrike Schwarz Ulrike Schwarz Telefon: 030 / 820 97 43 0 Fax: 030 / 820 97 43 9 Mail: info@b-umf.de www.b-umf.de
Good to Good to Know Countries of Origin Countries of Origin uM 01.01. 01.01. 30.09.2019 30.09.2019 Know: : uM Asylum Asylum Applications Applications 1. 1. Guinea Guinea (general statistic: Syria) 2. 2. Afghanistan Afghanistan (general statistic: Iraq) 3. 3. Syria Syria (general statistic: Turkey) 4. Somalia 4. Somalia (general statistic: Afghanistan) 5. 5. Iraq Iraq (general statistic: Nigeria) 6. Eritrea 6. Eritrea (general statistic: Iran)
Good to Good to Know Asylum Claims uM 01.01 Asylum Claims uM 01.01 30.09.2019 Know: : Positive Outcome of Positive Outcome of 30.09.2019 UM 2017: 78 % 78 % UM 2019: 48 % 48 % (FAMILIES in 11/2019: (FAMILIES in 11/2019: 38 %) Positive outcome does include: Asylum Asylum under under the German the German constitution International International protection protection under International protection subsidiary protection National prohibition of deportation ( Abschiebeverbote ) constitution nach Art. 16a GG nach Art. 16a GG under Geneva Geneva Refugee Convention Refugee Convention In case of appeal against the decision: appr confirmed (statistical data read and evaluated as provided on the BAMF website ) appr. . 40 % 40 % of the decision are
What What is the is the difference difference to to refugee refugee families families ? ? border crossing Obligation to be received and taken into care by the Youth Welfare Authorities (= protection measure) in case of possible minority ( 42a SGB VIII) The Youth The Youth Welfare Welfare Office Office has has exclusive exclusive jurisdiction jurisdiction The The only best interest best interest determination determination only distribution distribution system system applying applying is is within within the YWO the YWO including including a child a child
uM uM YWO Alien/Asylum L. The child s best interest determination
Childs Child s best best interest interest in in Asylum Asylum and and Alien Law Alien Law Arrival/ illegal Arrival/ illegal entry entry ( YWO ( YWO protection protection measures measures: Inobhutnahme ) : Inobhutnahme ) minors 58 Departure Departure/ Deportation ( / Deportation (no AufenthG ) AufenthG ) no return return of of U U minors 58 para para. 1a . 1a No No measures measures and without without legal and applications applications in Alien Law legal representative representative in Alien Law and and Asylum Asylum Proceedings Proceedings Legal Legal claim Geneva Geneva Convention UM ( Convention UM ( 3 AsylG) AufenthG) AufenthG) claim to to family family reunification reunification with with both untill mayority mayority) ) ( ( 36 Abs. 1 both parents parents for for recognized recognized 36 Abs. 1 3 AsylG) ( (untill
Childs Child s best best interest interest in in Asylum Asylum and and Alien Law Alien Law Arrival/ illegal Arrival/ illegal entry entry ( YWO ( YWO protection protection measures measures: Inobhutnahme ) : Inobhutnahme ) minors 58 Departure Departure/ Deportation ( / Deportation (no AufenthG ) AufenthG ) no return return of of U U minors 58 para para. 1a . 1a No No measures measures and without without legal and applications applications in Alien Law legal representative representative in Alien Law and and Asylum Asylum Proceedings Proceedings Legal Legal claim Geneva Geneva Convention UM ( Convention UM ( 3 AsylG) AufenthG) AufenthG) claim to to family family reunification reunification with with both untill mayority mayority) ) ( ( 36 Abs. 1 both parents parents for for recognized recognized 36 Abs. 1 3 AsylG) ( (untill No No return return under application application in Germany under the in Germany the Dublin Regulation in Dublin Regulation in case case of of an an asylum asylum
the Job of the Youth the Job of the Youth Welfare Welfare System System protection protection measures measures: Inobhutnahme : Inobhutnahme and and Hilfe zur Erziehung Hilfe zur Erziehung Age Age assessment assessment - - YWO YWO unaccompanied unaccompanied ? ? Legal Legal guardian guardian obligatory obligatory Placement in a Placement in a youth youth welfare welfare facility facility or or foster foster care care
Age Assessment There is currently no methode available to assess the exact age of a person European Asylum Support Office (EASO): Practical guide on age assessment, December 2013 European Asylum Support Office (EASO): Practical guide on age assessment 2nd ed., spring 2018 spring 2018
unaccompanied unaccompanied ( ): means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he or she has entered the territory of the Member States; Art. 2 e) directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection (reception directive)
unaccompanied (+) legal representation I Prior to Prior to guardianship guardianship: Emergency : Emergency representation representation by the YWO by the YWO Including the possibility to apply for asylum in agreeement and with participation of the UM The Family Court The Family Court has has to to appoint appoint a legal a legal guardian guardian as as soon soon as as possible possible The court itself will once more check whether the legal requirements for guardianship are fulfilled: under age as well as unaccompanied.
YWO Clearing I Health Education Personal development physically as well as psychologically What kind of care taking facility is fiiting? Family ties ? Search for family Trafficking issues or other financila as well as psychological dependencies? Asylum application yes/no? Legal Legal guardianship guardianship? Who? ? Who?
unaccompanied (+) legal representation The Family The Family Court s Court s duties duties : : To confirm that the legal requirements for guardianship do apply under age and unaccompanied To chose a capable person To monitor the guardianship the guardian has to provide a written report every 6 12 month In case of problems with the guardian the family court should be informed. In case it is a guardian provided by the YWO, the superiors of the guardian shall be informed. To end or to initiate change of guardianship
unaccompanied (+) legal representation: guardianship I Amtsvormundschaft Amtsvormundschaft An independent part of the Youth Welfare Office. The Amtsvormundschaft is part of a state authorities and is there obliged to provide qualified personel in all areas of legal representation, including asylum an alien law issues. The Amtvormundschaft is paid by the state authority, the Vormund is an employee of the state. Legally a Vormund may have not more than 50 minors to legally represent. The Amtsvormund works wthin the state working hours (not on the weekend). Ehrenamtliche Einzelvormundschaft Ehrenamtliche Einzelvormundschaft Every person can become a Vormund on a voluntary basis. The family court has to examine whether the person is capable and not a danger for the minor (i .e because of a criminal record or history of child abuse). Ehrenamtliche Vorm nder receive a so called Aufwandsentsch digung (re-imbursed of expenses) paid by the family court. This kind of Vormundschaft is mostly used by relatives. The minor shall be participating in the choosing proceeding.
unaccompanied (+) legal representation: guardianship II Berufsvormundschaft Berufsvormundschaft There a person doing Vormundschaft professional as an free-lance occupation. The Berufsvormundschaft are done by professionals specializing in specific Youth Welfare areas, such as children with special needs or: refugee children. The family court appoints a Berufsvormund only in exceptional cases. The family court covers the costs and wages. Mitvormundschaft/Erg nzungspflegschaft Mitvormundschaft/Erg nzungspflegschaft Very rarely there was and is the possibility to appoint an additional representativ next to the Vormund for special problems. This can only be done next to an Ehremantsvormund.
The relationship triangle who is doing what care person(s) umF guardian/ legal representative YWO
YWO Clearing II (with guardian) Health Education Personal development physically as well as psychologically What kind of care taking facility is fiiting? Family Family ties ties ? Search ? Search for for family family Trafficking issues or other financila as well as psychological dependencies? Asylum Asylum application application yes yes/ /no no? ? Or Or alternative alternative ways ways to to secure secure residency residency? ?
Childs Child s best interest in Asylum and Alien Law best interest in Asylum and Alien Law Asylum Asylum Application Application ? ? The subsequent clearing procedure entails the initiation of further steps under the law on youth assistance or on residence. This includes clarifying the residence status. It is decided on this basis whether an clarifying the residence status. It is decided on this basis whether an asylum application is lodged. If such an application would not be asylum application is lodged. If such an application would not be promising, the competent immigration authority may also issue a promising, the competent immigration authority may also issue a temporary suspension of deportation ( temporary suspension of deportation (Duldung considered either, the immigration authority will discuss other considered either, the immigration authority will discuss other possibilities under the law on residence. possibilities under the law on residence. This includes Duldung). If this cannot be ). If this cannot be German Federal Office for Migration and Refugees (Bundesamt f r Migration und Fl chtlinge): The stages of the German asylum procedure An overview of the individual procedural steps and the legal basis Asyl und Fl chtlingsschutz p.45.
Thank you and open for discussion and questions Bundesfachverband unbegleitete minderj hrige Bundesfachverband unbegleitete minderj hrige Fl chtlinge e.V. Fl chtlinge e.V. Paulsenstr. 55 Paulsenstr. 55 56 12163 Berlin 12163 Berlin 56 Telefon: 030 / 8209743 Telefon: 030 / 8209743- -0 0 Fax: 030 / 8209743 Fax: 030 / 8209743- -9 9 info@b info@b- -umf.de www.b www.b- -umf.de umf.de umf.de
