Unaccompanied minor – Page 4 – EU Migration Pact information

AMMR:
Article 23 – Guarantees for minors

1. The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. Procedures including minors shall be treated with priority. 2. Each Member State where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a […]

Procedures Regulation:
Article 42 – Accelerated examination procedure

1. Without prejudice to Article 21(2), the determining authority shall, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection where: (a) the applicant, in lodging his or her application and presenting the facts, has only raised issues that are […]

Reception Directive:
Recital 42

Representatives play a crucial role in guaranteeing access to the rights under this Directive and in safeguarding the best interests of all unaccompanied children. The early appointment of representatives is essential for tackling situations of migrant children going missing in the Union. Member States should ensure that representatives are appointed as early as possible, in […]

AMMR:
Article 25 – Unaccompanied minors

1. Where the applicant is an unaccompanied minor, only the criteria set out in this Article shall apply. Those criteria shall apply in the order in which they are set out in paragraphs 2 to 5. 2. The Member State responsible shall be the Member State where a family member or a sibling of the […]

Procedures Regulation:
Article 45 – Mandatory application of the asylum border procedure

1. A Member State shall examine an application in a border procedure in the cases referred to in Article 43(1) where any of the circumstances referred to in Article 42(1), point (c), (f) or (j), apply. 2. Where the circumstances referred to in Article 42(1), point (f), apply and without prejudice to Article 54, Member […]

Reception Directive:
Recital 67

The Asylum Agency should assist Member States to draw up and review their contingency plans, with the agreement of the Member State concerned. A contingency plan should consist of a comprehensive set of measures that are necessary in order to deal with a possible disproportionate pressure on the Members States’ reception systems, and to enhance […]

AMMR:
Article 36 – Obligations of the Member State responsible

1. The Member State responsible under this Regulation shall be obliged to: (a) take charge, under the conditions laid down in Articles 39, 40 and 46, of an applicant whose application was registered in a different Member State; (b) take back, under the conditions laid down in Articles 41 and 46 of this Regulation, an […]

Procedures Regulation:
Article 58 – The concept of first country of asylum

1. A third country may only be considered to be a first country of asylum for an applicant where in that country: (a) the applicant enjoyed effective protection in accordance with the Geneva Convention, as referred to in Article 57(1), or enjoyed effective protection as referred to in Article 57(2), before travelling to the Union, […]

Reception Directive:
Article 2 – Definitions

For the purposes of this Directive, the following definitions apply: (1) ‘application for international protection’ or ‘application’ means a request for protection from a Member State made by a third-country national or a stateless person who can be understood to be seeking refugee status or subsidiary protection status; (2) ‘applicant’ means a third-country national or […]

AMMR:
Article 39 – Submitting a take charge request

1. If the Member State referred to in Article 38(1) considers that another Member State is responsible for examining the application, it shall, immediately and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant. Member States shall prioritise […]