Procedures and support services for dealing with unaccompanied and separated asylum seeking children - an example from Finland

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1 Procedures and support services for dealing with unaccompanied and separated asylum seeking children - an example from Finland Marjo Mäkelä Senior Adviser Finnish Immigration Service, Finland , Fundamental Rights Conference, Brussels.

2 Unaccompanied Minor Asylum Seekers The Procedure (1) 2 The District Court appoints a representative to the minor asylum seeker (application done by the reception centre) An asylum seeker files an application at the Border Guard or at the Police station Accommodation is organised at a transit or another group home UAM is interviewed by the Police or the Border Guard to examine the identity and travel route to Finland from the country of origin. Possible determination of age

3 Unaccompanied Minor Asylum Seekers The Procedure (2) 3 Estimation of the need for tracing, request for tracing The file arrives at the Finnish Immigration Service If not a so called Dublin case, the application goes to material investigation The asylum interview, always done by the specialised senior adviser at the Finnish Immigration Service Dublin procedure and decision* Decision is translated to the applicant at the police station Possible appeal - Enforcement, unless the court rejects - Statement Helsinki Administrative Court *) The Council Regulation on determining the State responsible for examining the application 343/2003 Dublin hit (over 14 yrs.) - Dublin Section always makes the inquiry, and not the take back or take charge request directly.

4 4 Unaccompanied Minor Asylum Seekers The Procedure (3) Decision-making Decision is translated to the applicant at the police station Possible appeal Finnish Immigration Service's statement Possible hearing at the Administrative Court A representative of the Finnish Immigration Service and child's representative are present

5 5 Unaccompanied Minor Asylum Seekers The Procedure (4) The decision of the Administrative Court Serving the decision, Final decision Filing a leave to Appeal to the Supreme Administrative Court within 30 days The Court s decision The first decision is overruled. The case is handled again at the Finnish Immigration Service A second decision by the Finnish Immigration Service Decision is translated to the applicant at the police station Possible appeal

6 Asylum application procedure 6 In order to ensure that the rights of the unaccompanied minors are respected in the asylum application procedure, special attention is given to consideration of these cases by expert officials from the Finnish Immigration Service who are specially trained to deal with minors. The Finnish Immigration Service has also issued carefully formulated interview instructions and a special set of questions to be used with unaccompanied and separated minor asylum seekers. Every unaccompanied minor asylum seeker arriving in Finland is appointed a representative by a district court. The representative shall ensure that the best interest of the child is attended by the authorities in the best way possible. All interviews with unaccompanied minor asylum seekers are attended by a person appointed to represent the minor to ensure that their interests are fully considered in the application process.

7 7 Reception of minor asylum seekers An asylum seeking child without a guardian is always at first placed at a reception centre which is specialised in the reception of minors. The centres have group homes, the staff of which is specialised in raising the asylum children as well as in arranging necessary services. They are located all over Finland. The homes provide accommodation, education, social and health care, interpretation services and fulfilment of all other basic needs. If the child is given a positive asylum or residence permit decision, child usually moves from the group home of the reception centre to a family group home ran by municipality. Special needs due to the age, vulnerability and physical and mental condition of asylum seekers and beneficiaries of temporary protection are taken into account in organising accommodation and in arranging their reception. Children in need of special support shall be provided with the appropriate counselling, rehabilitation and mental health services.

8 8 Forensic age determination If there are reasonable grounds for suspecting the reliability of the information the person has given on his or her age Requirement: an informed consent of the applicant in writing also from the parent, guardian or representative. Refusal leads to treatment as an adult if there are no reasonable grounds for refusal Police, Border Guard or the Finnish Immigration Service can make a request for carrying out a test. The most common testing methods include skeletal age (meaning X- ray images of the hand and wrist) and dental examinations using x- rays. With the aim of minimising the margin of error, the determination of children s age in Finland is typically carried out on the basis of both teeth and skeletal structure. Age assessments in Finland: 2008 : 9-10 assessments 2009: 89 assessments Out of 89 assessments, 60 applicants were over 18 years of age

9 Combating human trafficking - Special protective measures for children 9 Revised national plan of action against trafficking in human beings was adopted by the Finnish government in June Victims of human trafficking in Finland are entitled to a fixed-term residence permit when there are well-founded reasons to believe that they are victims of human trafficking, they have broken the contacts with the criminals and are willing to help the authorities to solve the crime. A system providing services and support measures for victims of human trafficking was formalised in the beginning of One of the centres providing services for victims concentrates on minors. It also organizes special protective measures when needed, also tailor-made depending on the case, for example special security arrangements to guarantee the safety of the child, special child protection action and different medical, psychological and social supportive measures. An unaccompanied minor who is a victim of trafficking shall always be appointed a representative immediately.

10 10 Return to the country of origin According to the Aliens Act of Finland, any decision issued under the Act that concerns a child under eighteen years of age, special attention shall be paid to the best interest of the child and to the circumstances related to the child s development and health. In the Finnish Immigration Service guidelines concerning removals from country, it is instructed that before a minor may be returned to his/her country of origin, the reception of the minor in their home country must be ensured. We also practise tracing in order to try to find parents/a guardian of the minor in the country of origin.

Excerpts of Concluding Observations and Recommendations from UN Treaty Bodies and Special Procedure Reports. - Universal Periodic Review: FINLAND

Excerpts of Concluding Observations and Recommendations from UN Treaty Bodies and Special Procedure Reports - Universal Periodic Review: FINLAND We would like to bring your attention to the following excerpts