The revised EU Asylum Procedures Directive - PowerPoint Presentation

Slide1

The revised EU Asylum Procedures Directive

What support is available to asylum seekers with particular needs?Slide2

What’s new?

Asylum decisions to be fairer, quicker and better quality.

Asylum seekers with particular needs are to receive the necessary support to explain their claim.

Better protection measures in place for unaccompanied minors and victims of torture.Slide3

Provisions relating to FGM

Gender

considerations

to be better incorporated into asylum procedures.

All female applicants should have the possibility to have their cases examined on an individual basis (ex. separately from family or spouses).

Staff should be properly trained on the complexity of gender-related claims.

Female applicants to be able to discuss their applications in a safe and confidential environment.

Victims of torture and other sever forms of violence to have sufficient time and support to prepare for the interviews and other steps in the procedure.Slide4

A more gender-sensitive and child-friendly interview

The personal interview as part of the asylum application process should consider gender, sexual orientation and vulnerability circumstances.

Officials must be gender-sensitive.

Children should be able to make individual asylum claims (separately from their families, even if they are accompanied) and be interviewed in a child-appropriate manner.

The applicant may request an interviewer and interpreter of the same sex.Slide5

Examination of applications

Asylum authorities must take decisions following an appropriate examination of the application = there is a

shared duty to substantiate claims

.

Authorities can seek advice from experts, such as on gender- and child-specific issues.

Due to factors such as shame, mistrust, ignorance of FGM being grounds for refugee status, trauma or memory loss, a pro-active engagement of asylum authorities on this issue is crucial.Slide6

Proper training of staff

Staff members should be have knowledge of problems which may affect an applicant’s performance or ability to be interviewed, such as indications of past torture (which FGM falls under).

Officials can seek advice from experts on questions of medical, cultural, religious or child-related issues. Slide7

Procedural guarantees for applicants with special needs

Asylum authorities must identify groups with specific procedural needs, due to their age, gender or the harm they suffered.

Applicants with special needs should be provided with support to prepare for personal interviews and throughout the asylum procedure.

Gender-sensitive procedures should be put in place to identify and refer FGM victims to appropriate procedures and services.

Applicants with special needs should also not be subjected to accelerated or border procedures, as these may not allow to accommodate adequate support.Slide8

Medico-legal documents

Asylum authorities should arrange for a medical examination of the applicant (given their consent) if there are signs indicating past persecution or serious harm.

It is crucial that the refusal to undergo the procedure not disqualify the applicant from qualifying as a refugee.Slide9

Applications made on behalf of dependants and children

A child has the right to make an application on their own behalf; through parents or adult family members; or through another adult responsible for them.

Authorities should provide parents with clear and detailed information in the process of claiming asylum specific to children.Slide10

Right to free legal assistance and advice

Applicants should at first instance be provided

free legal and procedural information

.

This can be done through non-governmental organisations, professionals from government authorities or specialised services of the state.