Adequate support during the interview
The LFIP contains several special provisions for “persons with special needs” including unaccompanied children. However, with the exception of unaccompanied children, the law falls short of providing comprehensive additional procedural safeguards to vulnerable categories of international protection applicants.
The RFIP instructs that interviews with children shall be conducted by trained personnel, sufficiently informed on the child’s psychological, emotional and physical development.[3] The decision-making official shall give due regard to the possibility that the child may not have been able to fully substantially their request for international protection. Furthermore, if a psychologist, a pedagogue or a social worker was arranged to attend the interview, the expert’s written report on the child shall also be taken into consideration.
Prioritisation and exemption from special procedures
The law requires “priority” to be given to “persons with special needs” in all procedures, rights and benefits extended to international protection applicants.[4] Registration interviews with unaccompanied minors and other persons who are unable to report to the designated registration premises in the province may be carried out in the locations where they are.[5] It is understood from current practice that PDMM provide priority to unaccompanied children in registration process and personal interviews.
Unaccompanied children are exempted from the Accelerated Procedure and they may not be detained during the processing of their application, since Article 66 LFIP unambiguously orders that unaccompanied minor applicants shall be referred to an appropriate accommodation facility under the authority of the Ministry of Family and Social Services.
No such provisions are made in relation to other categories of vulnerable applicants. With the exemption of unaccompanied children, other vulnerable groups may be subjected to the accelerated procedure.
[1] Article 75(3) LFIP.
[2] Information by s stakeholder, June 2023.
[3] Article 123(2)(g) RFIP.
[4] Article 67 LFIP; Article 113(2) RFIP.
[5] Article 65(2) RFIP.