POLICIES, PRACTICES AND DATA ON UNACCOMPANIED MINORS IN LATVIAA EMN FOCUSSED STUDY Riga, October, 2014
POLICIES, PRACTICES AND DATA ON UNACCOMPANIED MINORS IN LATVIA, 2014 EMN Focussed Study Pursuant to Council Decision 2008/381/EC of 14 May 2008, the European Migration Network was established, its objective shall be to meet the information needs of European Union institutions and of Member States authorities and institutions, by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. The European Migration Network also serves to provide the general public with information on these subjects. The Network is composed by the European Commission and the contact points designated by the Member States. Each contact point establishes a national migration network. The contact point of each state prepares studies, whose topics have been set in the respective annual programme of activities. The topics of studies are related to the area of migration of third-country nationals. The Latvian Contact Point of the European Migration Network is the Office of Citizenship and Migration Affairs. Contacts: Čiekurkalna 1 st line 1,B-3, Riga, Latvia, LV-1026 Phone: +371 67219492 Fax: +371 67219431 E-mail: emn@pmlp.gov.lv Web: www.emn.lv Authors of the study: Anželika Alika, Chief Inspector of the Return and Asylum Seekers Affairs Unit of the Operational Management Board of the Central Board of the State Border Guard Kitija Kursa, Senior Officer of the Asylum Affairs Division of the Office of Citizenship and Migration Affairs Ilze Siliņa-Osmane, Expert of the Latvian Contact Point of the European Migration Network Experts: Ilze Briede, Head of the Migration Policy Division of the Office of Citizenship and Migration Affairs Reviewer: Līga Vijupe, Head of the Asylum Affairs Division of the Office of Citizenship and Migration Affairs This project has been funded with support from the European Commission. This publication reflects the views only of the authors, and the European Commission cannot be held responsible for any use which may be made of the information included therein. Co-founded by the European Union
1 DEFINITIONS Absconding refers to the action by which a person seeks to avoid legal proceedings by not surrendering to the custody of a court. (Source: EMN Glossary 2.0). Accelerated international protection procedure refers to a significantly faster examination procedure of an application for international protection than an ordinary examination of an international protection procedure (Source: based on Recast of Asylum Procedures Directive 2013/32/EU, Preamble (20)). (Source: EMN Glossary 2.0). Accommodation centre refers to any place used for the collective housing of asylum seekers. (Source: EMN Glossary 2.0). Age assessment refers to any formal or systematic procedures used to assess the chronological age(or the claim to be a minor if age assessment does not result in the determination of a specific age)of an individual claiming to be a minor, when the relevant authorities find that there is reason to doubt the correctness of that claim or of the stated date of birth (or age) given. These procedures may involve both medical and socio-psychological examinations or evaluations (Source: Adapted on the basis of EASO s definition in Annex 1 of Age Assessment Practice in the EU). Asylum is a form of protection given by a State on its territory based on the principle of non-refoulement and internationally or nationally recognised refugee rights. It is granted to a person who is unable to seek protection in his/ her country of citizenship and/ or residence in particular for fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. (Source: EMN Glossary 2.0). Asylum seeker refers to a third-country national or a stateless person who has made an application for asylum in respect of which a final decision has not yet been taken. (Source: EMN Glossary 2.0). Common European Asylum System (CEAS) refers to the establishment of a common asylum procedure and a uniform status for those who are granted asylum or subsidiary protection in the EU, as well as strengthening practical cooperation between national asylum administrations and the external dimension of asylum. (Source: EMN Glossary 2.0). Country of origin refers to the country (or countries) which are a source of migratory flows and of which a migrant may have citizenship. In refugee context, this means the country (or countries) of nationality or, for stateless persons, of former habitual residence. Note that in this context country of origin may also refer to the country where the person claiming to be a UAM was born or has resided with parents who have fled from the country of their nationality. (Source: EMN Glossary 2.0). Country of return refers to a third country to which a third-country national returns. (Source: EMN Glossary 2.0). Detention is defined as restriction on freedom of movement through confinement that is ordered by an administrative or judicial authority (ies) in order that another procedure may be implemented. (Source: EMN Glossary 2.0). Detention facility is defined as a specialised facility used for the detention of a third-country national in accordance with national law. In context of the EU s Return Directive (2008/115/EC), a facility to keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when: (a) there is a risk of absconding; or (b) the third-country national concerned avoids or hampers the preparation of return or the removal process. (Source: EMN Glossary 2.0). Determining Asylum Authority in the asylum context is any quasi-judicial or administrative body in a Member State responsible for examining applications for asylum and competent to take decisions at first instance in such cases, subject to Annex I of Council Directive 2005/85/EC. (Source: EMN Glossary 2.0). Diaspora refers to individuals and members or networks, associations and communities, who have left their country of origin, but maintain links with their homelands. (Source: EMN Glossary 2.0). Page 3 of 77
Dublin Regulation is the Regulation (No. 604/2013) which lays down the criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national. (Source: EMN Glossary 2.0). Durable solution refers to the voluntary repatriation, local integration, or resettlement to a third country in situations where it is impossible for a person to go back home or remain in the host country. In the context of unaccompanied minors, a durable solution assessment is undertaken to determine not only if a child should return to their country of origin, but also whether it is in the best interest of the child to apply for international protection, trafficking protection or to make an application to stay in the country of arrival on immigration or human rights and children s rights grounds. This process must include a determination of the child s best interest in line with international and EU legislation (UN CRC, UNCRC Comment No. 6 and Directives within the context of the European asylum acquis) (Source: Adapted on the basis of the UNHCR definition and the Durable Solutions for Separated Children in Europe project). Forced return is defined as the compulsory return of an individual to the country of origin, transit or third country [i.e. country of return], on the basis of an administrative or judicial act. Synonym: Removal (UK) (Source: EMN Glossary 2.0) International protection is defined, in the EU context, as encompassing the refugee and subsidiary protection status as defined in Article 2 (d) and (f) of Council Directive 2004/83/EC: Article 2d) refugee status means the recognition by a Member State of a third country national or a stateless person as a refugee; and Article 2f) subsidiary protection status means the recognition by a Member State of a third country national or a stateless person as a person eligible for subsidiary protection. (Source: EMN Glossary 2.0) Reception centre refers to an open centre with facilities for receiving, processing and attending to the immediate needs of refugees or applicants for international protection as they arrive in the Member State where they have received / are applying for protection. (Source: adapted from the definition of reception centre in EMN Glossary 2.0) Residence permit is any authorisation issued by the authorities of a Member State allowing a third-country national to stay legally in its territory, in accordance with the provisions of Article 1(2)(a) of Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals. (Source: EMN Glossary 2.0). Trafficking in human beings is the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. (Source: EMN Glossary 2.0). Unaccompanied minor refers to a third-country national or stateless person below the age of eighteen, who arrives on the territory of the Member States unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively taken into the care of such a person, or minors who are left unaccompanied after they have entered the territory of the Member States. Note that not all those who claimto be a UAM will be confirmedas such by the relevant authorities. (Source: EMN Glossary 2.0). Voluntary return refers to the assisted (in which case it would be Assisted Voluntary Return) or independent return to the country of origin, transit or third country, based on the free will of the returnee. (Source: EMN Glossary 2.0). Page 4 of 77
SUMMARY Objectives of a focussed study Policies, Practices and Data on Unaccompanied Minors in Latvia: to update the information included in the European Migration Network (hereinafter in the text Network) study of 2008-2009 Policies on Reception, Return and Integration Arrangements for, and Numbers of, Unaccompanied Minors in Latvia, looking more deeply into the matter of unaccompanied minors, who could be at state institutions care reaching full age, and describing the following steps towards services, integration, and return, provide information on unaccompanied minors who do not request for asylum, or whose asylum applications are denied, and they are subjected to the return procedure. During the period of the focussed study (2009-2013), Latvia has not faced a great flow of unaccompanied third-country minors. The focussed study describes particularly the situation in Latvia that is related to the work with unaccompanied minors that are trying to enter the country, are found in the country, request for asylum in the country or who are granted an international protection. The study has explained the corresponding normative regulation that is referable to every unaccompanied minor, its features, and the existing practice. Rights and obligations, procedure of entry and departure of unaccompanied minors are defined in the following legislation: Protection of the Rights of the Child Law 1, Education Law 2, Asylum Law 3, Immigration Law 4 and subjected Regulations of the Cabinet of Ministers. Since 2009, Latvia has executed the following amendments in the national regulatory enactments regarding unaccompanied minors, taking into account terms of the normative regulation developed within the European Union which are related to minors: Amendments of 2013 of the Immigration Law related to a provision of Directive 2013/33EU on transposition of asylum seekers employment. After terms of Directive 2013/33/EU had been taken over, it was determined that asylum seekers have rights to employment, if they have not received a decision to grant refugee or alternative status, or refusal to grant it nine months from the date when the application on receiving refugee or alternative status had been submitted, and it was not due to their fault. Rights to employment shall be in force until the moment when the final decision on granting refugee or alternative status or refusal to grant the status has come into force and become indisputable. In November 2013, a detailed definition of unaccompanied minor was included in the Asylum Law. Amendments of June 2011 of the Immigration Law are related to the transposition of Return Directive. A special procedure had been defined until term of Return Directive had been taken over regarding a minor return to the country of origin outside the return procedure where he has rights to stay, ensuring that the minor is returned to parents, guardian or the competent authority or organisation 1 Protection of the Rights of the Child Law.- The Latvian Herald, No.199/200, 08.07.1998. [come into force 22.07.1998.] 2 Education Law.-The Latvian Herald, No. 343/344, 17.11.1998.- [come into force 01.06.1999.] 3 Asylum Law.- The Latvian Herald, No.100, 30.06.2009.- [come into force 14.07.2009.] 4 Immigration Law.- The Messenger, No.169, 20.11.2002.- [come into force 01.05.2003.] Page 5 of 77
that supervise the observance of Rights of the Child in the country that receives an unaccompanied minor. After the transposition of Return Directive, it was determined that a Return Decision shall be issued regarding a third-country national minor. However, taking into account the fact that the third-country national unaccompanied minor is a less protected person, there are special provisions and rights for him in the return procedure. The Immigration Law gives the institution rights not to determine an entry ban to the third-country national minor, when making a Return Decision. At the same time, provisions on accompanying of a third-country national unaccompanied minor to his country of residing are reserved. A third-country national minor who stay s illegally in the country, can be detained, if he has reached the age of 14. Asylum procedure does not provide age restrictions for detention of a third-country national. In 2010, amendments had been made in the Education Law and rights of a third-country national minor or stateless person who shall have no legal grounds to stay in the Republic of Latvia, to an elementary education. The focussed study reflects the conditions of entry and stay of third-country national minors, special procedures that are related to minor asylum seekers, unaccompanied minors that stay illegally in the country, and unaccompanied minors whose age is not determined. Latvian competent authorities, involved in the work with unaccompanied minors, explained the procedure of appointing a guardian, indicating guardian rights and the obligation to represent a child s interests, procedures of housing and detaining unaccompanied minors, housing conditions and their conformity to minors needs. The paper gives analysis on the risk of absconding, its reasons, and measures within the country in order to avoid absconding, as well describes the collaboration mechanism that exists between government authorities, involved in the activities of seeking the minor. The focussed study describes the return procedure and re-integration possibilities, applicable to third-country national unaccompanied minors. Work with third-country national unaccompanied minors is performed only by prepared officials from competent government authorities. Statistics, included in the Annexes of the study, show that Latvia has no great practical experience at work with third-country national unaccompanied minors, and the created system should be improved. If the minor s age is unknown, an evaluation procedure is executed. If the age of the testee is not unambiguously established during the evaluation procedure, it is considered to be in favour of the testee the person is considered minor. Minors are applied the same procedures that are related to third-country national unaccompanied minors whose age has been established. SECTION 1: MOTIVATIONS AND CIRCUMSTANCES OF UAMSFOR ENTERING THE EU Q1. Please state what the motivations and circumstances of UAMs for entering Latvia are and provide further information (please cite existing evaluation reports / studies / other sources or based on information received from UAMs and/ or competent Page 6 of 77
authorities).possible motivations and circumstances of UAMs for entering the EU may include: Fleeing persecution or serious harm and seeking protection (asylum) Family reunification (e.g. to join family members already in Latvia, to apply for asylum followed by family reunification) Join migrant/ diaspora community Economic and aspirational reasons (including education) Transit to another Member State Victims of trafficking in human beings Facilitated illegal entry / smuggled Arrival at external borders Inadequate medical facilities in the country of origin / insufficient funds by parents for medical treatment Abandonment in a Member State (e.g. because parents have been returned / cannot or do not take care of their child in the (Member) State Runaways / drifters UAMs do not know why they have entered the (Member) State UAMs are not able to explain why they have entered the (Member) State (e.g. due to their early age) UAMs are reluctant to report their motivations and circumstances for entering the (Member) State (e.g. due to trauma) Other (please specify) From 2009 to 2013, 10 third-country unaccompanied minors of the age of 16 and 17 entered Latvia.According to the information provided by the experts from the involved institutions, the goal of the unaccompanied minors to enter Latvia was related to the departure to other European Union countries (Germany and Belgium). After being detained for illegal stay in the Republic of Latvia without valid travel documents, the persons requested for asylum. Q2. Please provide information on any prevention actions / projects / initiatives thatlatviaundertakes together with Third Countries with the aim to address the root causes of UAMs migration, for example: Integration ofuams migration in key areas of development cooperation, e.g. poverty reduction, education, health, employment, human rights, democratisation and post-conflict reconstruction; Targeted awareness-raising activities and training in countries of origin and transit (e.g. aimed at law enforcement officers, border guards, potential victims of trafficking and their communities, children, wider public, etc.); Development of child protection systems. If possible, please provide a short description of the impact of these specific actions / projects / initiatives. In Latvia, there is not implemented collaboration with the third countries in order to reduce the migration of unaccompanied minors. SECTION 2: ENTRY AND ASSESSMENT PROCEDURES INCLUDING BORDER CONTROLS FOR ASYLUM-SEEKING AND NON-ASYLUM SEEKING UAMS Section 2.1 Documentation required by unaccompanied minors for legal entry to Latvia (non-asylum seeking UAMs, but also asylum-seeking UAMs in some instances) Q3. What documents are required by third-country national UAMs at the border to fulfil the entry requirements to Latvia? Page 7 of 77
Since 2009, no alterations have been applied to the national legislation regarding the entry and stay of third-country national unaccompanied minors in Latvia. Entry documents required by unaccompanied minors Please provide more information about the types of documents required and the conditions that apply, with a particular focus on developments since 2009. Please state if the process is different for those cases when the minor's age is doubtful (for instance, when the child has no documents) and the age assessment procedure has not been undertaken yet to determine the age of the minor. Visa permitting entry and stay Passport General provisions shall be applied to the thirdcountryn ational unaccompanied minors, which shall also be applied to any other third-country national. In order to entry the Republic of Latvia, the third-country national unaccompanied minors must have the documentation prescribed in Article 4 of the Immigration Law: 1) a valid travel document; 2) a valid visa in a valid travel document, residence document issued by the Republic of Latvia or any other Member State of Schengen Borders Code, or a European Union residence document of a long-term resident; 3) a valid health insurance policy; 4) the law or other regulatory enactments shall not provide any obstacles to enter the Republic of Latvia; 5) there shall be the necessary financial resources to stay in the Republic of Latvia or any other Member State of Schengen Borders Code, or return to the residing country, or to depart to a third country where he shall have the rights to enter. A valid travel document shall be necessary. A third-country minor citizen s travel document is valid for entering the Republic of Latvia, if: 1. its expiration date shall exceed the planned period of stay in the Republic of Latvia for at least three months; 2. it shall have at least two empty pages to paste in visas and leave official notes on crossing the border of the country; 3. it shall contain the third-country national minor spersonal data and photograph; A person cannot legally enter Latvia, if he does not have the documentation prescribed in Article 4 of the Immigration Law. The age of the person shall not have importance to this criterion. If a third-country national unaccompanied minor does have a valid visa or a residence document, there shall not be any doubts on the person s identity, since the visa or the residence document shall contain personal data. In case if UAM has valid visa or residence permit, there is no doubts about age of UAM, as visa and residence permit includes person s data. If a third-country national minor wants to cross the border of the Republic of Latvia, but whose identity is unknown, an official of State Border Guard shall immediately establish the third-country national minor s identity. The State Border Guard shall have temporary rights to detain and house the third-country national minor in the premises of the State Border Guard Territorial Structural Unit (separately from adult persons), guaranteeing proper food and medical help. If a third country-national minor the identity of whom is not known wishes to cross the border of the Republic of Latvia, the official of the State Border Guard shall immediately begin to ascertain the identity of the third countrynational minor. Whilst the identity of the third country-national minor is being ascertained, the State Border Guard has the right to temporarily detain and accommodate him or her on the premises of the Territorial division of the State Border Guard, (separately from adult persons), providing him or her with the appropriate nutrition and medical assistance. Page 8 of 77
4. it shall not contain unapproved corrections of the authority; 5. it shall not contain any indications on forgery; 6. it shall not have any mechanic damages or rising spaces, due to which it is impossible to identify the holder of the document, read the data or identify possible forgery of documents. Travel documents Pursuant to definition of Article 1 Clause 1 Sub-clause 2, a travel document shall be an identity document that gives its holder rights to cross the border of the Republic of Latvia. Other (please state) n/a Section 2.2 Circumstances where an unaccompanied minor may be refused at the border (non-asylum seeking UAMs) Q4. Can a non-asylum seeking unaccompanied minor be refused entry at the border if they do not fulfil the entry requirements set out above? Provisions have not been changed since 2009. Third-country national minor shall not be issued a decision on refusal of entry. 5 Categories of unaccompanied minors that may be refused entry at the border Please provide more information about the circumstances under which unaccompanied minors may be refused entry at the border: a) in national legislation / policy and b) in practice, with a particular focus on developments since 2009. Please state if the process is different for those cases when the minor's age is doubtful (for instance, when the child has no documents) and the age assessment procedure has not been undertaken yet to determine the age of the minor. Non-asylum seeking unaccompanied minor arriving at a land / sea border or airport Third-country national unaccompanied minorsare not refused to enter Latvia. The same standards are applied, which are also applied to third-country national unaccompanied minors, whose age has been established. Asylum seeking unaccompanied minor arriving at a land / sea border or airport Taking into account that Latvia does not have border procedures in the field of asylum, the standard asylum procedure shall be applied to the asylum seekers, including third-country national unaccompanied minor who requests 5 Regulations of the Cabinet of Ministers on December 16, 2003 No.707 Procedures by which Foreign Minors Enter and Reside in the Republic of Latvia Unaccompanied by Parents or Guardians.-The Latvian Herald, No. 180, 19.12.2003.- [come into force 20.12.2003.] Page 9 of 77
for asylum on the border. It means that a third-country national who request for asylum on the border shall be let in the country and waits for the decision on asylum procedure, while being in the country. Asylum seeking unaccompanied minor arriving at an internal authority (e.g. police, child protection service, etc.) There cannot be issued a decision on the refusal of entry regarding third-country national unaccompanied minors, whose request for asylum is in government authorities in the country, since the thirdcountry national is already in the country. If a third-country national unaccompanied minor express an intention to request for asylum in another government authority, the State Border Guard agrees with the authority on taking the person over, except for the fact that the person is at a closed authority, then the State Border Guard arrives at the authority in order to perform the necessary proceedings. Other (please state) None. Section 2.3 Apprehensions of unaccompanied minors by national authorities (non-asylum seeking UAMs) Q5. Please describe the national rules and procedures that apply where a non-asylum seeking unaccompanied minor is apprehended / identified at the border and within the territory of Latvia. Pleasenote that reception and care arrangements are covered in Section 3. Entry and stay of third-country national minors is documented and controlled by the State Border Guard, Office of Citizenship and Migration Affairs, and the State Police of Latvia in collaboration with the Ministry of Foreign Affairs, Orphan s courts (Parish courts), and municipal authorities. If the State Border Guard finds a third-country national unaccompanied minor on the border, who wants to enter the country and does not have one of the documents prescribed in the Immigration Law that gives rights to enter the country, and his identity has been established, the State Border Guard immediately get in touch with the competent authority which is located in the third-country national minor s country of nationality, residing country, or country where his relatives live, or country which is ready to host the third-country national minor and is able to provide him proper hosting and care in order to send the third-country national minor to the respective country. 6 If a third-country national minor wants to cross the border of the Republic of Latvia, but whose identity is unknown, the State Border Guardshall immediately establish the third-country national inor s identity. The State Border Guard shall have temporary rights to detain and house the third- 6 Pursuant to Article 50 (8) Clause 3 of the Immigration Law. Page 10 of 77
country national minor in the premises of the State Border Guard Territorial Structural Unit (separately from adult persons), guaranteeing proper food and medical help. If it is impossible to establish the third-country national minor s identity in 72 hours, the State Border Guard shall place him in the nearest Prevention Centre for Minors under the State Police of Latvia. Pursuant to the mentioned information in Article 50. 8 Section 1 of the Immigration Law 7, the Office of Citizenship and Migration Affairs and the State Border Guard immediately notify s the State Police of Latvia and the Orphan s Court on the third-country national unaccompanied minor who is residing illegally in Latvia. The Orphan s Court shall appoint a guardian or empower Head of Child Care Institution to represent the child s personal and material interests.the guardian represents the child s interests during the refoulement procedure and participates in the proceedings that are applied to the unaccompanied minor. Finding an unaccompanied minor that is residing illegally in the country, the State Police of Latvia hand s over him to the State Border Guard. The rights of the State Police of Latvia to detain a thirdcountry national, including an unaccompanied minor, are defined in Section 53 of the Immigration Law: In the cases defined in Section 51 of the Immigration Law, the State Police of Latvia have the rights to detain a third-country national on three hours until handing him over to the State Border Guard. Article54 Section 6 of the Immigration Law defines that the official of the State Border Guard immediately informs the Consular Department, the State Police of Latvia, and the Orphan s Court on detaining a third-country national minorbetween the age of 14 and 18 years and who appears to be unaccompanied by a parent or legal guardian. Pursuant to the Immigration Law, it is allowed to detain a third-country national minor who has reached the age of 14. The third-country national unaccompanied minor, who has reached the age of 14, is detained in exceptional cases. Apprehension is applied as the last means. In this case, apprehension is applied if the following conditions of Article 51 of the Immigration Law have been established: there are grounds for consideration that a risk of absconding exists, the third-country national delay the preparation of the refoulement procedure and will avoid it. These conditions must be argumented with any of the conditions that are mentioned in Article51 Section 2 of the Immigration Law, for example, the third-country national conceals his identity, refuse to collaborate, has crossed the external frontier avoiding border control, used a forged document, etc. Pursuant to Regulations of the Cabinet of Ministers on June 21, 2011 No.454 Regulations Regarding Forced Removal of Third-country Nationals, Departure Document and the Issue Thereof 8,the third-country national unaccompanied minor is considered a less protected person, wherewith deciding on detention, the preference will be given to alternative means of detention. Pursuant to Article 57 Section 1 of the Immigration Law, an official of the State Border Guard of the State Police of Latvia establishes the identity of the detained person, take his fingerprints and 7 Immigration Law.- Messenger, No.169, 20.11.2002.- [come into force 01.05.2003.] 8 Regulations of the Cabinet of Ministers on June 21, 2011 No.454 Regulations Regarding Forced Removal of Third-country Nationals, Departure Document and the Issue Thereof.- The Latvian Herald, No. 100, 30.06.2011.-[come into force 01.07.2011.] Page 11 of 77
photograph him, performs search of the third-country national and his belongings, provides the thirdcountry national s medical examination, if necessary, and drafts a protocol. The mentioned measures with the detained third-country national who is between the age of 14 and 18, is performed by a prepared official of the State Border Guard or the State Police of Latvia for the work with minors. The detained person is obliged to collaborate with the State Border Guard and the State Police of Latvia in order to establish the identity. In order to establish the third-country national minor s identity, a specially trained official of the State Border Guard negotiates with him. The State Border Guard in collaboration with the Consular Department of the Ministry of Foreign Affairs organises the return of the third-country national unaccompanied minor. A third-country national minor or stateless person who has no legal grounds to stay in the Republic of Latvia, has the rights to an elementary education during a period defined for a voluntary departure, or during the period on which the refoulement has been delayed, and during the detention 9. Regarding unaccompanied minors whose age has not been confirmed, are applied the same procedures as to third-country national unaccompanied minors whose age has been identified. If the minor s age is unknown, an evaluation procedure is executed. If the age of the testee is not unambiguously established during the evaluation procedure, it is considered to be in favour of the testee the person is considered minor, and he has the rights to an elementary education during a period defined for a voluntary departure, or during the period on which the refoulement has been delayed, and during the detention. Section 2.4 Training of Border Guards and / or Police Authorities Q6a. Does Latvia provide specific training to Border Guards and / or Police Authorities to recognise the situation of unaccompanied minors who try to enter the territory illegally / are apprehended within the territory, or who may be the victims of trafficking in human beings / smuggling? Yes Q6b. If yes, please provide further information below, stating also if this has involved cooperation with EU agencies. Protection of the Rights of the Child Law states that the Ministry of Interior provides the police officers with special training at work with minors. The State Police College implements an unofficial education programme for adults Identification, Prevention and Investigation of the Cases of Trafficking in Human Beings/Procuring. 1st level professional education programme Police Work in the study course Criminal Law. The Special Part includes questions on the notion of trafficking in human beings, including minors, and the envisaged criminal liability for that. 9 Law Amendments to the Education Law. The Latvian Herald, No.47, 24.03.2010.- [come into force 26.03.2010.] Page 12 of 77
The State Border Guard College includes topics on human and nationals constitutional rights and freedoms, entry and stay of minor foreigners in the Republic of Latvia, rights and obligations of the asylum seeker (unaccompanied minor), combatting of trafficking in human beings, trends, routes, identification of victims of trafficking in human beings, etc., improving their programmes of further professional education, qualification raise, and professional improvement education. Also, the State Border Guard College includes questions on protection of the child s rights and consideration of his interests in the qualification raise programmes, for example, in the Professional Improvement Programme of the State Border Guard Officials Involved in the Immigration Control, etc. The State Border Guard College has developed and approved a qualification raise programme Prevention and Combating of Trafficking in Human Beings. Instructor Training Programme. The programme is provided for the officials of the State Border Guard, who train the border guards in the field of prevention and combating of trafficking in human beings, who performs direct border controls and interview the persons at the border crossing points. The programme envisages specific methods for work with minors. Within the framework of the programme, 18 State Border Guard officials had been trained in May 2013. It is expected that the trained instructors shall organise for the personnel a training on prevention and combating of trafficking in human beings in the territorial offices of the State Border Guard. A State Border Guard official are involved in the work with a third-country national unaccompanied minor,who is prepared to the work with minors. In order to provide the requirement, the State Border Guard regularly organises trainings and seminars, attracting representatives of governmental, non-governmental, international organisations and foreign authorities. Within the framework of the European Refugee Fund Methods of Identifying and Interviewing the Asylum Seekers, the officials of the State Border Guard participated in experience exchange seminars Methods of Identifying and Interviewing the Asylum Seekers, during which issues regarding the protection of the child s interests, unaccompanied minors had been discussed, etc. The seminars were held in Sweden, Slovakia, Austria, and Norway. After the seminars, the qualification of the State Border Guard officials who perform the work with asylum seekers had been raised. The Council of the Baltic Sea States had developed a project PROTECT Children on the Move" in 2013, who was developed by the State Border Guard, as well. Within the framework of the project, 5 seminars for professionals shall be organised in 2014 and 2015, as well as guidelines and methodical aid available on the Internet shall be developed in order to improve their knowledge on the protection of the child s rights in cross-border situations and child return procedures. 10 In 2014, a seminar Identification and Work with Less Protected Asylum Seekers had been held, where the officials from government authorities and international organisations participated (Office of Citizenship and Migration Affairs, Legal Aid Administration, the State Inspectorate for Protection of 10 PROTECT Children on the Move organizes 5 Expert Meetings 2014-2015 developing guidelines and online tool addressing transnational protection and return of children Available: http://www.childcentre.info/child-exploitation-cross-national-child-protection-in-practice-10/- [last accessed.16.09.2014.] Page 13 of 77
Children s Rights, UNHCR) (total trainees 30 persons, representatives of the State Border Guard and the involved organisations). Latvian Centre for Human Rights is also planning to hold similar seminars. Section 2.5. The organisation of the national asylum procedures for asylum-seeking unaccompanied minors Q7. Please set out the national rules and procedures that apply where an unaccompanied minor apprehended / identified at the border and within the territory of Latvia lodges an application for asylum (e.g. which authority(ies) the minor is referred to, at what point an application is made, etc. A third-country national unaccompanied minor submit s an application on granting a refugee or alternative status in the procedure laid down in Article 6 of the Asylum Law. 11 The procedure is similar to all third-country nationals who request for asylum in Latvia. An application on granting a refugee or alternative status is submitted at the border crossing point or at the State Border Guard Structural Unit in the country. After receiving the application from an unaccompanied minor, the State Border Guard immediately inform s the Orphan s Court, so that it could appoint a representative. During the asylum procedure, the third-country national unaccompanied minor s personal and material relations are represented by the Orphan s Court or its appointed guardian, or Head of Child Care Institution where the minor asylum seeker has been housed. 12 Negotiations with the minor are performed by the State Border Guard official, who possesses the necessary knowledge of the minor and features of persons with special needs. Negotiations with the unaccompanied minor asylum seeker are performed with the guardian or Head of Child Care Institution being present. 13 The Asylum Law envisages that the third-country national unaccompanied minor is housed at the Asylum Seeker Reception Centre, guardian, or at the Child Care Institution. The decision on housing a third-country national unaccompanied minor at the Asylum Seeker Reception Centre, guardian, or at the Child Care Institutionshall be made by the Orphan s Court, establishing the opinion of the Office of Citizenship and Migration Affairs, taking into account minor s interests and opinion, according to the person s age and maturity and observing the following provisions: 1) unaccompanied minor is housed with the adult relatives; 2) children from one family are not separated, except for the case when it is done in children s interests; 3) the housing place of the unaccompanied minor is changed only when it corresponds with the person s interests. Pursuant to Article 9 of the Asylum Law, the third-country unaccompanied minor asylum seeker may be detained on 7 days in case, when exist any of the following provisions: 1) if the asylum seeker s identity has not been established; 11 Asylum Law.-The Latvian Herald, No. 100, 30.06.2009.- [come into force 14.07.2009.] 12 Pursuant to Article 6 Clause 5 of the Asylum Law. 13 Pursuant to Article 6 of the Asylum Law. Page 14 of 77
2) if there are any grounds to believe that the asylum seeker is trying to misuse the asylum procedure and it is necessary to establish the facts on which the application shall be grounded and which can be established only by apprehension, especially if absconding is possible; 3) if the competent government authorities, including the State Border Guard, have any grounds to consider that the asylum seeker shall endanger the security of the country or the public policy and security. During the detention, the asylum seeker is housed at the State Border Guard Detained Foreigners Accommodation Centre. Detention of the third-country unaccompanied minor asylum seeker is the last means. Deciding on the detention of the minor asylum seeker, a possibility of applying an alternative means to detention are evaluated regular registration at the State Border Guard Territorial Structural Unit. 14 The application for asylum is examined and the decision on granting the status is made by the Office of Citizenship of Migration Affairs. 15 The unaccompanied minor asylum seeker, whose age has not been established, is applied the abovementioned procedures until the moment of establishing the age. Q8. Please describe the specific rules and procedures that apply in respect of the (asylum) applicant s status as an (unaccompanied) minor. Please indicate, for example: Whether and when a legal guardian is appointed; Whether and when an asylum interview(s) is conducted. Pursuant to the Asylum Law, the third-country national unaccompanied minor a special procedure is applied of: appointing a guardian (is executed in the shortest time after receiving the application on granting a refugee or alternative status); housing (at the Asylum Seeker Reception Centre, at the institution of a guardian, appointed by the Orphan s Court, or Child Care Institution, taking into accountminor s interests and opinion, according to the person s age and maturity); negotiating (a specially trained specialist at work with minors); providing education. If the application on granting a refugee or alternative status has been submitted by an unaccompanied minor, the State Border Guard immediately informs the Orphan s Court. Pursuant to the Asylum Law, an unaccompanied minor asylum seeker has a guardian appointed to the whole asylum procedure, who represents the minor asylum seeker s personal and material interests. The guardian is appointed in the nearest time after the State Border Guard has received the application for asylum. Decision on housing an unaccompanied minor asylum seeker is made by the Orphan s Court, taking into account minor s interests and opinion, according to the person s age and maturity. Should there be an age examination established, a person is considered to be minor until the moment when a statement on the executed examination has been received or a proof has been found, which confirm s the age of the unaccompanied minor. The unaccompanied minor, who has 14 Pursuant to Article 9 Clause 9 of the Asylum Law. 15 Pursuant to Article 12 of the Asylum Law. Page 15 of 77
been subjected to age examination, is applied to procedures, which are applied to unaccompanied minors whose age has been established. A negotiation with the minor is performed by the State Border Guard official, who possesses the necessary knowledge of minors with special needs. The State Border Guard performs an initial interview of the asylum seeker after receiving the application for granting a refugee or alternative status. The term can be extended for 30 days, if it is impossible to provide the presence of an interpreter or a guardian appointed in 24 hours time. A negotiation on grounds of request for asylum is performed by the State Border Guard official in 5 days after the initial interview. The term can be extended by 15 days on reasonable grounds. A negotiation with the unaccompanied minor asylum seeker is performed with the presence of a guardian appointed by the Orphan s Court or Head of Child Care Centre. The unaccompanied minor asylum seeker is provided a chance to gain elementary education or general secondary education. 16 The unaccompanied minor asylum seeker, whose age has not been established, is applied the abovementioned procedures until the moment of establishing the age. Q9. Please describe the procedure for assessing the age of an asylum-seeking UAM who claims to be a minor. Please indicate, for example: Whether and when the stated age (date of birth) and unaccompanied situation is registered; Whether, when, why and how a formal age assessment is undertaken; Whether and how the conclusions from an age assessment are registered (e.g. is the registered claimed age (date of birth) replaced by the assessed age or is this age added to the file, etc.). The State Border Guard register s the person s age in the personal file as soon as the application for granting refugee or alternative status has been received. Assignment of examination and procedures of execution does not differ from the person s status. The person is considered minor and procedures is applied that are related to the minors until the moment when a document asserting the person s age has been received, i.e. there have been gathered proofs on the fact that the person is adult. The medical examination of age is assigned in the following cases: - if the person does not have documents asserting his age, - if there are reasonable grounds that the person claims to be minor in order to avoid refoulement or to misuse the asylum procedure, - if there are doubts regarding the person s, who claims to be minor, age. The medical examination of age is performed by the Latvia State Centre for Forensic Medical Examination. 17 16 Regulations of the Cabinet of Ministers on February 23, 2010 No.174 Procedures for the Provision of Minor Asylum Seekers with Opportunities for Acquiring Education.- The Latvian Herald, No.33, 26.02.2010.-[come into force 27.02.2010.] 17 Regulations of the Cabinet of Ministers on February 6, 2001 No.51 The Order of Forensic Medical Inquests Performance.-The Latvian Herald, No.23, 09.02.2001.- [come into force 10.02.2001.] Page 16 of 77
The determination of age is performed on the grounds of examination of the development of the body and the external features of involution, dental examination, taking into account the skin condition, development of secondary sexual characters, etc. A statement on the performed age determination examination is attached to the asylum seeker s personal file. According to the current experience, the date of birth registered in the personal file shall not be changed, receiving the forensic medical statement on examination. It is registered as an incoming document in the documentation of the State Border Guard and Office of Citizenship and Migration Affairs. If the age determination examination is performed to a third-country national who has submitted an application on granting refugee or alternative status and the examination results show that the person is adult, the officials of the State Border Guard register s a new age in the personal file. Q10. Please provide the average (or where this is not available median) duration of an asylum procedure for a UAM. Pursuant to the Asylum Law, the Office of Citizenship and Migration Affairs shall decide on granting refugee or alternative status, or refusal to grant 3 months after receiving the application for granting refugee or alternative status for consideration. The decision is made when all the necessary documents for the personal file have been received from the State Border Guard (the period shall be 1 2 months in average, depending on the conditions of the asylum case). In case the decision of the Office of Citizenship and Migration Affairs is disputed, the Administrative Court rule s out the decision in 3 months time. As a result, the total length of the asylum procedure until the final decision has been made can reach 8 months in average. If a medical examination is assigned by the responsible institutions to determine the age of the unaccompanied minor, the length of the procedure shall be extended by 1 month. It must be taken into account that the length of the asylum procedure is influenced by the conditions of the respective asylum case, contains of the application, asylum seeker s documents and other proofs. Section 2.6 Guardianship and age assessment for non-asylum seeking UAMs Q11. Please describe the arrangements for guardianship of non-asylum seeking UAMs. Please specify, for example: who organises guardianship for UAMs, who can become a guardian to a UAM, what the role of a guardian to a UAM is, which UAMs are entitled to a guardian, until what age and whether this depends on the status of the UAM, e.g. does the UAM get another guardian when s/he is granted international protection, etc. The Orphan s Court rule s out a decision to appoint a guardian to the third-country national unaccompanied minor. A guardian 18 can be a person appointed by the Orphan s Court. 19 The Orphan s Court makes sure that the person to be appointed guardian possess the abilities and qualities to perform guardian s obligations. The guardian represent s the child s personal and material interests, taking into account his best interests. During the return procedure, the guardian represent s the child s interests. The guardian participates in the negotiations with the third-country 18 Section 1 of the Civil Law. Family Law - The Government Herald, No.41, 20.02.1937.- [come into force 01.09.1992.] 19 Law on Orphan s Court.- The Latvian Herald, No.107, 07.07.2006.-[come into force 01.01.2007.] Page 17 of 77