The unaccompanied child
- is under 18 years old;
- stays in Belgium without his parent(s) or (legal) representative;
- has lodged an application for international protection through a guardian appointed by the Guardianship Service or stays in Belgium without legal residence documents.
More information on this subject tailored to the asylum seeker can be found on asyluminbelgium.be in 9 languages (Dutch, French, English, Spanish, Arabic, Pashto, Farsi, Tigrinya and Somali).
Legal Status
Unaccompanied minors in Belgium have a legal status with additional rights, which is regulated by the Guardianship Act (Programme Law (I) (Art. 479) - Title XIII - Chapter VI: Guardianship of unaccompanied foreign minors, 24 December 2002).
Registration of the asylum application
An unaccompanied child registers and files an application for international protection through a (temporary) guardian. The guardian is appointed by the Guardianship Service, which comes under the FPS Justice. If doubts are raised as to whether or not the child is a minor, the CGRS will start an age assessment procedure.
The role of the representative has been defined by law in the Guardianship Act.
Age assessment
If there are doubts regarding the claimed minority of a self-declared unaccompanied minor who files an application for international protection, the Immigration Office will inform the CGRS of these doubts and explain them. The CGRS will then carry out an age assessment. The person concerned will have an age assessment interview with a protection officer who received special training for this purpose, in the presence of a temporarily appointed guardian. Following this interview, the CGRS will either confirm or doubt the claim of minority.
If the CGRS still doubts the claimed minority, a committee of experts will analyse the interview and any additional elements and render an advice. This advice may conclude that the person is a minor, an adult or that there is doubt. If the committee of experts also doubts the claimed age, a medical examination will be carried out.
The protection officer will then take a final decision based on all the elements in the file.
An appeal against the result of the age assessment may be lodged with the Council of State within 60 days of the decision.
The personal interview
The unaccompanied minor is invited to a personal interview.
The invitation to the personal interview is sent to the guardian’s chosen place of residence (with a copy being sent to the child’s place of residence and to the Guardianship Service).
The personal interview is conducted between the specialised protection officer and the child. The guardian must also be present during the personal interview (see further). If desired, the child is assisted by a lawyer and a trusted person. This trusted person cannot be family. It has to be a person who, because of his profession, is specialised in assisting persons or in aliens’ law.
The guardian
As it is not easy for a child to tell its asylum story to an unknown protection officer, a guardian assists the child during the personal interview at the CGRS. For an unaccompanied child, the presence of the guardian during the personal interview is particularly important.
The guardian:
- appoints a lawyer for the child;
- ensures that the child's rights are respected throughout the procedure granting international protection;
- provides support to the child during the interview;
- can submit relevant information, documents, medical reports or notes about the child's application for international protection to the CGRS, or inform the latter about specific issues that are important to the child before or after the personal interview;
- makes sure during the personal interview that the child is able to tell everything that has led to the application for international protection or is related to his or her fear;
- is the only person present who is allowed to interrupt during the personal interview and make notes or additions within the framework that is determined by the protection officer conducting the personal interview.
Adapted assessment of the application for international protection
For the assessment of the application for international protection, the higher interest and the vulnerability of the child are of decisive importance. Children experience the world around them in a different way than adults and interpret things and events in a child-specific manner. Children cannot be expected to know the answer to all questions or to always answer unambiguously.
Where desirable and possible, the CGRS calls witnesses for an interview (uncles, aunts who are staying in Belgium) to clarify the child's situation. Finally, the CGRS uses child-specific information to study the child's situation as thoroughly as possible and assess it correctly.
The decision
In his decision, the Commissioner General uses a language that is adapted to the age and profile of the unaccompanied child. The guardian receives the original decision; the lawyer and the unaccompanied child both receive a copy of the decision.
You can find more information on the procedure for international protection for unaccompanied children in the following brochure: “Guide for unaccompanied minors who apply for asylum in Belgium. This guide is available in several languages.