The revised EU Asylum Procedures Directive WHAT SUPPORT IS AVAILABLE TO ASYLUM SEEKERS WITH PARTICULAR NEEDS?

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.

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.

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.

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.

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.

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.

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.

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.

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.