30 June 2014
European Commission proposes to amend Dublin III Regulation to clarify responsible state for examining the asylum claim of unaccompanied children
On 26 June 2014, the European Commission published a proposal to amend Article 8(4) of the Dublin III Regulation, which determines the Member State responsible for examining the asylum application of an unaccompanied child.
Currently, Article 8(4) provides that, in the absence of a family member elsewhere in the EU, “the Member State responsible shall be that where the unaccompanied minor has lodged his or her application for international protection, provided that it is in the best interests of the minor”.
Under the new proposal, which seeks to bring the Dublin Regulation into compliance with the C-648/11 MA & Others judgment of the Court of Justice of the EU, children applying for international protection will have their case examined in the Member State where they have lodged an application and where they are present. A child applicant will remain in that Member State while their claim is being examined, unless this is not in their best interests.
According to Commissioner Malmström, “[t]he proposal, amending the Dublin Regulation, provides legal certainty about the responsibility for examining applications from unaccompanied minors who have no family, siblings or relatives on EU territory”.