SECTION I — Rights and obligations of applicants
General guarantees for applicants
1. During the administrative procedure referred to in Chapter III applicants shall enjoy the guarantees set out in paragraphs 2 to 6 of this Article.
2. The determining authority or, where applicable, other competent authorities or organisations tasked by Member States for that purpose shall inform applicants, in a language which they understand or are reasonably supposed to understand, of the following:
(a)
the right to lodge an individual application;
(b)
the time limits and stages of the procedure to be followed;
(c)
their rights and obligations during the procedure, including those under Regulation (EU) 2024/1351, and the consequences of not complying with those obligations, in particular as regards the explicit or implicit withdrawal of an application;
(d)
the right to free legal counselling for the lodging of the individual application and to legal assistance and representation at all stages of the procedure pursuant to Section III of this Chapter and in accordance with Articles 15, 16, 17, 18 and 19;
(e)
the means by which they can fulfil the obligation to submit the elements as referred to in Article 4 of Regulation (EU) 2024/1347;
(f)
the decision of the determining authority in accordance with Article 36.
All the information referred to in this paragraph shall be provided as soon as possible to enable applicants to exercise the rights guaranteed in this Regulation and to enable them to adequately comply with the obligations set out in Article 9. The information referred to in the first subparagraph, points (a) to (e), of this paragraph shall be provided to the applicant at the latest when the application for international protection is registered. That information shall be provided by means of the leaflet referred to in paragraph 7, either physically or electronically, and, if necessary, orally. Information shall be provided to minors in a child-friendly manner and with the involvement of the representative or the person referred to in Article 23(2), point (a), of this Regulation.
The applicant shall be given the opportunity to confirm that he or she has received the information. Such confirmation shall be documented in the applicant’s file. If the applicant refuses to confirm that he or she has received the information, a note of that fact shall be entered in his or her file.
3. During the administrative procedure, applicants shall be provided with the services of an interpreter for the purpose of registering and lodging an application and, where applicable, for the personal interview, whenever appropriate communication cannot be otherwise ensured. The interpretation services shall be paid for from public funds.
4. The competent authorities shall provide applicants as soon as possible and before the deadline for lodging an application in accordance with Article 28(1), with the opportunity to communicate with the United Nations High Commissioner for Refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law.
5. The determining authority shall ensure that applicants and, where applicable, their representatives or legal advisers or other counsellors admitted or permitted as such under national law to provide legal advice (‘legal advisers’) have access to the information referred to in Article 34(2), points (b) and (c), that is required for the examination of applications and to the information provided by the experts referred to in Article 34(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.
6. The determining authority shall give applicants notice in writing as soon as possible of the decision taken on their application. Where a representative or legal adviser legally represents the applicant, the determining authority may give notice of the decision to that representative or legal adviser instead of to the applicant.
7. The Asylum Agency shall, in close cooperation with the Commission and each Member State, draw up leaflets containing the information required by this Article. Those leaflets shall be drawn up in such a manner so as to enable Member States to complete them with additional information specific to the Member State concerned and shall take into account the specificities of vulnerable applicants such as minors or disabled persons.
Obligations of applicants
1. The applicant shall make his or her application in the Member State provided for in Article 17(1) and (2) of Regulation (EU) 2024/1351.
2. The applicant shall fully cooperate with the competent authorities referred to in Article 4 in matters covered by this Regulation, in particular by:
(a)
providing the data referred to in Article 27(1), points (a),(b) and (d);
(b)
providing an explanation where he or she is not in possession of an identity or travel document;
(c)
providing information on any changes as regards his or her place of residence, address, telephone number or email address;
(d)
providing biometric data;
(e)
lodging his or her application in accordance with Article 28 and remaining available throughout the procedure;
(f)
handing over as soon as possible documents in his or her possession relevant to the examination of the application;
(g)
attending the personal interview, without prejudice to Article 13;
(h)
remaining on the territory of the Member State where he or she is required to be present, in accordance with Article 17(4) of Regulation (EU) 2024/1351.
Where the competent authorities decide to retain any document as referred to in point (f) of the first subparagraph, they shall ensure that the applicant immediately receives copies of the originals. In the event of a transfer pursuant to Article 46 of Regulation (EU) 2024/1351, competent authorities shall hand back such documents to the applicant at the time of the transfer.
3. The applicant shall accept any communication from the competent authorities at the most recent place of residence or address, by the telephone number or email address indicated by himself or herself to the competent authorities, in particular when he or she lodges an application in accordance with Article 28.
Member States shall establish in national law the method of communication and the moment that the communication is considered to have been received by the applicant.
4. The applicant shall comply with obligations to report to the competent authorities at a specified time or at reasonable intervals or to remain in a designated geographical area on its territory in accordance with Directive (EU) 2024/1346, as imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) 2024/1351.
5. Without prejudice to any search carried out for security reasons, where it is necessary and duly justified for the examination of an application, the competent authorities may require that the applicant be searched or that his or her items be searched in accordance with national law. The competent authority shall provide the applicant with the reasons for the search and include them in the applicant’s file. Any search of the applicant’s person under this Regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity.
Right to remain during the administrative procedure
1. Applicants shall have the right to remain on the territory of the Member State in which they are required to be present in accordance with Article 17(4) of Regulation (EU) 2024/1351 until the determining authority has taken a decision on the application in the administrative procedure provided for in Chapter III.
2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without a travel document as provided for in Article 6(3) of Directive (EU) 2024/1346.
3. The applicant shall not have the right to remain on the territory of the Member State concerned during the administrative procedure where the person is subject to a surrender to another Member State pursuant to obligations in accordance with a European arrest warrant issued in accordance with Council Framework Decision 2002/584/JHA ( 21 ) .
4. Member States may provide for an exception to the applicant’s right to remain on their territory during the administrative procedure where that applicant:
(a)
makes a subsequent application in accordance with Article 55 and the conditions laid down in Article 56 have been fulfilled;
(b)
is or will be extradited, surrendered or transferred to another Member State, a third country, the International Criminal Court or another international court or tribunal for the purpose of conducting a criminal prosecution or for the execution of a custodial sentence or a detention order;
(c)
is a danger to public order or national security, without prejudice to Article 12 and 17 of the Regulation (EU) 2024/1347, provided that applying such an exception does not result in the applicant being removed to a third country in violation of the principle of non-refoulement.
5. A Member State may extradite, surrender or transfer an applicant to a third country or an international court or tribunal as referred to in paragraph 4, point (b), only where the competent authority considers that such a decision to extradite, surrender or transfer will not result in direct or indirect refoulement in breach of the obligations of that Member State under international and Union law.
SECTION II — Personal interviews
Admissibility interview
1. Without prejudice to Article 38(1) and Article 55(4), before a decision is taken by the determining authority on the inadmissibility of an application in accordance with Article 38, the applicant shall be given the opportunity of a personal interview on admissibility (the ‘admissibility interview’).
2. In the admissibility interview, the applicant shall be given an opportunity to provide reasons as to why the inadmissibility grounds provided for in Article 38 would not be applicable to him or her.
Substantive interview
1. Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be given the opportunity of a personal interview on the substance of his or her application (the ‘substantive interview’). The substantive interview may be conducted at the same time as the admissibility interview provided the applicant has been informed of such a possibility in advance and has been able to consult with his or her legal adviser in accordance with Article 15 or with a person entrusted with providing legal counselling in accordance with Article 16.
2. In the substantive interview, the applicant shall be given the opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) 2024/1347, and he or she shall provide the elements referred to in Article 4(2) of that Regulation as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which might be missing or any inconsistencies or contradictions in his or her statements.
Requirements for personal interviews
1. Personal interviews as provided for in Articles 11 and 12 shall be conducted in accordance with the conditions established in this Regulation.
2. Where an application for international protection is lodged in accordance with Article 31, the adult responsible referred to in that provision shall be given the opportunity of a personal interview pursuant to Articles 11 and 12. The applicant shall also be given the opportunity to participate in that interview provided that paragraph 11, point (c), of this Article does not apply.
3. The personal interviews shall be conducted under conditions which ensure appropriate privacy and confidentiality and which allow applicants to present the grounds for their applications in a comprehensive manner.
4. The presence of the applicant’s legal adviser at the personal interview, where the applicant has decided to avail himself or herself of legal assistance in accordance with Section III of this Chapter shall be ensured.
5. An interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interviews.
The presence of a cultural mediator may be provided during the personal interviews.
Member States shall give preference to interpreters and cultural mediators that have received training, such as training referred to in Article 8(4), point (m), of Regulation (EU) 2021/2303.
Member States shall ensure that interpreters and cultural mediators are made aware of the key concepts and terminology relevant to the assessment of applications for international protection, for example through a standard leaflet or a guide. Communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly.
6. Personal interviews shall be conducted by the staff of the determining authority.
Where there is a disproportionate number of third-country nationals or stateless persons who make an application within the same period of time, making it unfeasible to conduct timely personal interviews of each applicant, the determining authority may be assisted temporarily by the staff of other authorities of that Member State who shall receive in advance the relevant training which shall include the elements listed in Article 8 of Regulation (EU) 2021/2303 to conduct such interviews or by the Asylum Agency in accordance with Article 5.
7. The person conducting the interview shall:
(a)
be competent to take account of the personal and general circumstances surrounding the application, including the situation prevailing in the applicant’s country of origin, and the applicant’s cultural origin, age, gender, gender identity, sexual orientation, vulnerability and special procedural needs;
(b)
not wear a military or law enforcement uniform.
8. Staff interviewing applicants, including experts deployed by the Asylum Agency, shall have:
(a)
acquired general knowledge of factors which could adversely affect the applicant’s ability to be interviewed, such as indications that the person may have been tortured in the past or a victim of trafficking in human beings;
(b)
received, in advance, training that includes relevant elements from those listed in Article 8(4) of Regulation (EU) 2021/2303.
9. Where requested by the applicant and where possible, the determining authority shall ensure that the interviewers and interpreters are of the sex that the applicant prefers, unless it has reasons to consider that such a request does not relate to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
10. By way of derogation, the determining authority may hold the personal interview by video conference where duly justified by the circumstances.
In such a case, the determining authority shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, legal assistance and interpretation taking into account guidance from the Asylum Agency.
11. The admissibility interview or the substantive interview, as applicable, may be omitted where:
(a)
the determining authority is able to take a positive decision with regard to the refugee status or the subsidiary protection status on the basis of the evidence available, provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law;
(b)
the determining authority considers that the application is not inadmissible on the basis of the evidence available;
(c)
the determining authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his or her control;
(d)
in the case of a subsequent application, the preliminary examination referred to in Article 55(4) is carried out on the basis of a written statement;
(e)
the determining authority considers the application inadmissible pursuant to Article 38(1), point (c).
The omission of a personal interview pursuant to point (c) of the first subparagraph shall not adversely affect the decision of the determining authority. Where the personal interview is omitted pursuant to that point, the determining authority shall give the applicant an effective opportunity to submit further information in writing.
When in doubt as to the fitness or ability of the applicant to be interviewed, the determining authority shall consult a medical professional to establish whether the applicant is temporarily unfit or unable to be interviewed or whether his or her situation is of an enduring nature. Where, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit or able to be interviewed.
Where the applicant is unable to attend the personal interview owing to specific circumstances beyond his or her control, the determining authority shall reschedule the personal interview
12. Applicants shall be present at the personal interview and shall be required to respond in person to the questions asked.
13. An applicant shall be allowed to be assisted by a legal adviser in the personal interview, including when it is held by video conference.
The absence of the legal adviser shall not prevent the determining authority from conducting the interview.
Member States may stipulate in national law that, where a legal adviser participates in the personal interview, the legal adviser may only intervene at the end of the personal interview.
14. Without prejudice to Articles 11(1) and 12(1) and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the determining authority from taking a decision on the application for international protection.
Report and recording of personal interviews
1. The determining authority or any other authority or experts assisting it in accordance with Article 5 and Article 13(6) with conducting the personal interviews shall make a thorough and factual report containing all the main elements of the personal interview, or a transcript of the interview or a transcript of the recording of such an interview, to be included in the applicant’s file.
2. The personal interviews shall be recorded using audio means of recording. The applicant shall be informed in advance of the fact that such a recording is being made and the purpose thereof. Particular attention shall be paid to the requirements of applicants in need of special procedural guarantees. The determining authority shall include the recording in the applicant’s file.
3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the report, the transcript of the interview or the transcript of the recording, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report, of the transcript of the interview or of the transcript of the recording, with the assistance of an interpreter, where necessary.
4. The applicant shall be requested to confirm that the content of the report or the transcript of the interview correctly reflects the personal interview. Where the applicant refuses to confirm the content, the reasons for that refusal shall be entered in the applicant’s file. That refusal shall not prevent the determining authority from taking a decision on the application. Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail.
5. The applicant does not have to be requested to make comments or to provide clarifications on the report or the transcript of the interview, nor to confirm that the content of the report or the transcript of the interview correctly reflects the interview where:
(a)
under national law, the recording or a transcript thereof may be admitted as evidence in the appeal procedure, or
(b)
it is clear to the determining authority that the applicant will be granted refugee status or subsidiary protection status provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law.
6. Applicants and, where they have been appointed, their representatives and their legal advisers shall have access to the report or transcripts referred to in paragraph 1 as soon as possible after the interview and in any case in due time before the determining authority takes a decision,.
Access to the recording shall also be provided in the appeal procedure.
SECTION III — Provision of legal counselling and legal assistance and representation
Right to legal counselling and legal assistance and representation
1. Applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor on matters relating to their applications at all stages of the procedure.
2. Without prejudice to the applicant’s right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal counselling in the administrative procedure provided for in Chapter III, in accordance with Article 16, and free legal assistance and representation in the appeal procedure provided for in Chapter V, in accordance with Article 17.
The applicant shall be informed as soon as possible and at the latest when registering the application in accordance with Article 27 of his or her right to request free legal counselling or free legal assistance and representation.
3. Member States may provide for free legal assistance and representation in the administrative procedure in accordance with national law.
4. Member States may organise the provision of legal counselling and legal assistance and representation in accordance with their national systems.
Free legal counselling in the administrative procedure
1. Member States shall, at the request of the applicant, provide free legal counselling in the administrative procedure provided for in Chapter III.
For the purposes of the first subparagraph, effective access to free legal counselling may be assured by entrusting a person with the provision of legal counselling in the administrative stage of the procedure to several applicants at the same time.
2. For the purposes of the administrative procedure, free legal counselling shall include the provision of:
(a)
guidance on and an explanation of the administrative procedure including information on rights and obligations during that procedure;
(b)
assistance on the lodging of the application and guidance on:
(i)
the different procedures under which the application may be examined and the reasons for the application of those procedures;
(ii)
the rules related to the admissibility of an application;
(iii)
legal issues arising in the course of the procedure, including information on how to challenge a decision rejecting an application in accordance with Articles 67, 68 and 69.
3. Without prejudice to paragraph 1, the provision of free legal counselling in the administrative procedure may be excluded where:
(a)
the application is a first subsequent application considered to have been lodged merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State;
(b)
the application is a second or further subsequent application;
(c)
the applicant is already assisted and represented by a legal adviser.
4. For the purpose of implementing this Article, Member States may request the assistance of the Asylum Agency. In addition, financial support may be provided through Union funds to the Member States, in accordance with the legal acts governing such funds.
Free legal assistance and representation in the appeal procedure
1. In the appeal procedure, Member States shall, at the request of the applicant, ensure that he or she is provided with free legal assistance and representation. Such free legal assistance and representation shall include the preparation of the procedural documents required under national law, the preparation of the appeal and, in the event of a hearing, participation in that hearing before a court or tribunal.
2. The provision of free legal assistance and representation in the appeal procedure may be excluded by the Member States where:
(a)
the applicant, who shall disclose his or her financial situation, is considered to have sufficient resources to afford legal assistance and representation at his or her own cost;
(b)
it is considered that the appeal has no tangible prospect of success or is abusive;
(c)
the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal;
(d)
the applicant is already assisted or represented by a legal adviser.
3. Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the grounds that the appeal is considered to have no tangible prospect of success or to be abusive, the applicant shall have the right to an effective remedy before a court or tribunal against that decision. For that purpose, the applicant shall be entitled to request free legal assistance and representation.
Scope of legal counselling and legal assistance and representation
1. A legal adviser who legally represents an applicant under the terms of national law shall be granted access to the information in the applicant’s file on the basis of which a decision is or shall be taken.
2. Access to the information or to the sources in the applicant’s file may be denied in accordance with national law where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised or where the information or sources are classified under national law. In those cases, the determining authority shall:
(a)
make access to such information or sources available to the courts or tribunals in the appeal procedure; and
(b)
ensure that the applicant’s right of defence is respected.
As regards point (b) of the first subparagraph, Member States shall grant access to information or sources to a legal adviser who legally represents the applicant and who has undergone a security check, in so far as the information is relevant for examining the application or for taking a decision to withdraw international protection.
3. The applicant’s legal adviser or the person entrusted with providing legal counselling, who counsels, assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of counselling, assisting or representing that applicant, in accordance with Directive (EU) 2024/1346.
Conditions for the provision of free legal counselling, assistance and representation
1. Free legal counselling, assistance and representation shall be provided by legal advisers or other counsellors, admitted or permitted under national law to counsel, assist or represent the applicants or by non-governmental organisations accredited under national law to provide legal services or representation to applicants.
2. Member States shall lay down specific procedural rules concerning the arrangements for filing and processing requests for the provision of free legal counselling, assistance and representation in relation to applications for international protection or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules are not more restrictive or do not render access to free legal counselling or free legal assistance and representation impossible or excessively difficult.
3. Member States shall lay down specific rules concerning the exclusion of the provision of free legal counselling, assistance and representation in accordance with Article 16(3) and Article 17(2), respectively.
4. Member States may also impose monetary limits or time limits on the provision of free legal counselling, assistance and representation, provided that such limits are not arbitrary and do not unduly restrict access to free legal counselling, assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.
5. Member States may request from the applicant the total or partial reimbursement of the costs incurred in relation to the provision of legal assistance and representation where the applicant’s financial situation considerably improves in the course of the procedure or where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant. For that purpose, applicants shall immediately inform the competent authorities of any significant change in their financial situation.
SECTION IV — Special guarantees
Assessment of the need for special procedural guarantees
1. The competent authorities shall individually assess whether the applicant is in need of special procedural guarantees, with the assistance of an interpreter, where needed. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 25 of Directive (EU) 2024/1346 and need not take the form of an administrative procedure. Where required by national law, the assessment may be made available, and the results of the assessment may be transmitted, to the determining authority, subject to the applicant’s consent.
2. The assessment referred to in paragraph 1 shall be initiated as early as possible after an application is made by identifying whether an applicant presents first indications that he or she might require special procedural guarantees. That identification shall be based on visible signs, the applicant’s statements or behaviour, or any relevant documents. In the case of minors, statements of the parents, of the adult responsible for him or her whether by the law or practice of the Member State concerned or of the representative of the applicant shall also be taken into account. The competent authorities shall, when registering the application, include information on any such first indications in the applicant’s file, and they shall make that information available to the determining authority.
3. The assessment referred to in paragraph 1 shall be continued after the application is lodged, taking into account any information in the applicant’s file.
The assessment referred to in paragraph 1 shall be concluded as soon as possible and, in any event, within 30 days. It shall be reviewed in the event of any relevant changes in the applicant's circumstances or where the need for special procedural guarantees becomes apparent after the assessment has been completed.
4. The competent authority may refer the applicant, subject to his or her prior consent, to the appropriate medical practitioner or psychologist or to another professional for advice on the applicant’s need for special procedural guarantees, prioritising cases where there are indications that applicants might have been victims of torture, rape or another serious form of psychological, physical, sexual or gender-based violence and that that could adversely affect their ability to participate effectively in the procedure. Where the applicant consents to be referred in accordance with this subparagraph, such consent shall be deemed to include consent to the transmission of the results of the referral to the competent authority.
The advice provided pursuant to the first subparagraph shall be taken into account by the determining authority when deciding on the type of special procedural guarantees which can be provided to the applicant.
Where applicable and without prejudice to the medical examination, the assessment referred to in paragraph 1 may be integrated with the medical examinations referred to in Articles 24 and 25.
5. The relevant staff of the competent authorities and any medical practitioner, psychologist or other professional giving advice on the need for special procedural guarantees shall receive training to enable them to detect signs of vulnerability on the part of an applicant who might need special procedural guarantees and address those needs when identified.
Applicants in need of special procedural guarantees
1. Where applicants have been identified as being in need of special procedural guarantees, they shall be provided with the necessary support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection.
2. Where the determining authority, including on the basis of the assessment of another relevant national authority, considers that the necessary support referred to in paragraph 1 of this Article cannot be provided within the framework of the accelerated examination procedure referred to in Article 42 or the border procedure referred to in Article 43, paying particular attention to victims of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply or shall cease to apply those procedures to the applicant.
Guarantees for minors
1. The best interests of the child shall be a primary consideration for the competent authorities when applying this Regulation.
2. The determining authority shall assess the best interests of the child in accordance with Article 26 of Directive (EU) 2024/1346.
3. The determining authority shall give a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 32 and Article 33(1), unless this is not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to give a minor the opportunity of a personal interview.
The personal interview of a minor shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors. It shall be conducted in a child-sensitive and context-appropriate manner, taking into consideration the age and maturity of the child.
4. Where a minor is accompanied, the personal interview shall be conducted in the presence of an adult responsible for him or her whether by the law or practice of the Member State concerned and, where one has been appointed, of a legal adviser. Member States may also, where necessary and when it is in the best interests of the child, conduct the personal interview with that minor in the presence of a person with necessary skills and expertise. On justified grounds and only where it is in the best interests of the child, the determining authority may interview the minor without the presence of an adult responsible, provided that it ensures that the minor is assisted during the interview by a person with necessary skills and expertise in order to safeguard his or her best interests.
5. The decision on the application of a minor shall be prepared by the relevant staff of the determining authority. Those relevant staff shall have the necessary knowledge and have received the appropriate training on the rights and special needs of minors.
Special guarantees for unaccompanied minors
1. The competent authorities shall ensure that unaccompanied minors are represented and assisted in such a way so as to enable them to benefit from the rights and comply with the obligations under this Regulation, Regulation (EU) 2024/1351, Directive (EU) 2024/1346 and Regulation (EU) 2024/1358.
2. Where an application is made by a person who claims to be a minor, or in relation to whom there are objective grounds to believe that he or she is a minor, who is unaccompanied, the competent authorities shall:
(a)
designate as soon as possible and in any case in a timely manner for the purposes of paragraph 6 and, where applicable, paragraph 7, a person with the necessary skills and expertise to provisionally assist the minor in order to safeguard his or her best interests and general well-being which enables the minor to benefit from the rights under this Regulation and, where applicable, act as a representative until a representative has been appointed;
(b)
appoint a representative as soon as possible and no later than 15 working days from the date on which the application is made.
The representative and the person referred to in the first subparagraph, point (a), of this paragraph may be the same as that provided for in Article 27 of Directive (EU) 2024/1346. He or she shall meet with the unaccompanied minor and take into account the minor’s own views about his or her needs in accordance with the age and maturity of the minor.
Where the competent authority has concluded that an applicant who claims to be a minor is without any doubt above the age of 18 years, it need not appoint a representative in accordance with this paragraph.
The duties of the representative or the person referred to in the first subparagraph, point (a), of this paragraph shall cease where the competent authorities, following the age assessment referred to in Article 25(1), do not assume that the applicant is a minor or consider that the applicant is not a minor or where the applicant is no longer an unaccompanied minor.
3. In the event of a disproportionate number of applications made by unaccompanied minors or in other exceptional situations, the time limit for appointing a representative as referred to paragraph 2, first subparagraph, point (b), may be extended by ten working days, without prejudice to paragraph 2, third subparagraph.
4. Where an organisation is designated under paragraph 2, it shall appoint a natural person to carry out the tasks referred to in this Article in respect of the unaccompanied minor.
5. The competent authority shall immediately inform:
(a)
the unaccompanied minor, in a child-friendly manner and in a language he or she can understand, of the designation of the person referred to in paragraph 2, first subparagraph, point (a), and of his or her representative and about how to lodge a complaint against the person referred to in paragraph 2, first subparagraph, point (a) or (b), in confidence and safety;
(b)
the determining authority and the competent authority for registering the application, where applicable, that a representative has been appointed for the unaccompanied minor; and
(c)
the person referred to in paragraph 2, first subparagraph, point (a), and the representative of the relevant facts, procedural steps and time limits pertaining to the application of the unaccompanied minor.
The representative and the person referred to in paragraph 2, first subparagraph, point (a), shall have access to the content of the relevant documents in the minor’s file including the specific information material for unaccompanied minors.
6. The person referred to in paragraph 2, first subparagraph, point (a), shall meet with the unaccompanied minor and carry out, inter alia, the following tasks, where appropriate together with the legal adviser:
(a)
provide the unaccompanied minor with relevant information in relation to the procedures provided for in this Regulation;
(b)
where applicable, assist the unaccompanied minor in relation to the age-assessment procedure referred to in Article 25;
(c)
where applicable, provide the unaccompanied minor with the relevant information and assist him or her in relation to the procedures provided for in Regulations (EU) 2024/1351 and (EU) 2024/1358.
7. For as long as a representative has not been appointed, Member States may authorise the person referred to in paragraph 2, first subparagraph, point (a), to assist the minor with the registration and lodging of the application or lodge the application on behalf of the minor in accordance with Article 33.
8. The representative shall meet with the unaccompanied minor and shall carry out, inter alia, the following tasks, where appropriate together with the legal adviser:
(a)
where applicable, provide the unaccompanied minor with relevant information in relation to the procedures provided for in this Regulation;
(b)
where applicable, assist with the age-assessment procedure referred to in Article 25;
(c)
where applicable, assist with the registration of the application;
(d)
where applicable, assist with the lodging of the application or lodge the application on behalf of the unaccompanied minor in accordance with Article 33;
(e)
where applicable, assist with the preparation of and be present for the personal interview and inform the unaccompanied minor about the purpose and possible consequences of the personal interview and about how to prepare for that interview;
(f)
where applicable, provide the unaccompanied minor with the relevant information and assist the unaccompanied minor in relation to the procedures provided for in Regulations (EU) 2024/1351 and (EU) 2024/1358.
In the personal interview, the representative and the legal adviser shall have an opportunity to ask questions or make comments within the framework set by the person conducting the interview.
The determining authority may require that the unaccompanied minor be present at the personal interview, even if the representative or legal adviser is present.
9. The representative shall perform his or her duties in accordance with the principle of the best interests of the child and shall have the necessary qualifications, training and expertise. Representatives shall receive regular training for the performance of their tasks and shall not have a criminal record, in particular as regards any child-related crimes or offences.
The representative shall be changed only if the competent authorities consider that the tasks of that representative or person have not been performed adequately. Organisations or natural persons whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as representative.
10. The competent authorities shall place a natural person acting as representative or a person suitable to provisionally act as a representative in charge of a proportionate and limited number of unaccompanied minors, and under normal circumstances, of no more than 30 unaccompanied minors at the same time, in order to ensure that he or she is able to perform his or her tasks effectively.
In the event of a disproportionate number of applications made by unaccompanied minors or in other exceptional situations, the number of unaccompanied minors per representative may be increased up to a maximum of 50 unaccompanied minors.
Member States shall ensure that there are administrative or judicial authorities or other entities responsible to supervise, on a regular basis, the proper performance of tasks by the representatives and persons designated under paragraph 2, first subparagraph, point (a), including by reviewing the criminal records of those appointed representatives and designated persons at regular intervals in order to identify potential incompatibilities with their role. Those administrative or judicial authorities or other entities shall review complaints lodged by unaccompanied minors against appointed representatives or persons designated under paragraph 2, first subparagraph, point (a).
SECTION V — Medical examination and age assessment
Medical examination
1. Where the determining authority deems it relevant for the examination of an application for international protection, it shall, subject to the applicant’s consent, request a medical examination of the applicant concerning signs and symptoms that might indicate past persecution or serious harm and be informed of results thereof.
2. In the case of a minor, the medical examination shall only be carried out where the parent, the adult responsible for him or her whether by the law or practice of the Member State concerned, the representative or the person referred to in Article 23(2), point (a), and, where provided for by national law, the applicant, consent.
The medical examination shall be free of charge for the applicant and be paid for from public funds.
Where applicable, the health and vulnerability checks referred to in Article 12 of Regulation (EU) 2024/1356 may be taken into account for the medical examination referred to in this Article.
3. Where no medical examination is carried out in accordance with paragraph 1, the determining authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs and symptoms that might indicate past persecution or serious harm.
4. The results of the medical examinations referred to in paragraphs 1 or 3 shall be submitted to the determining authority and to the applicant as soon as possible and shall be assessed by the determining authority along with the other elements of the application.
5. The medical examination shall be the least invasive possible and be performed only by qualified medical professionals. It shall be performed in a way that respects the individual’s dignity.
6. An applicant’s refusal to undergo a medical examination or a decision to undergo a medical examination on his or her own initiative, where such an examination does not take place within a suitable timeframe taking into account the availability of appointments for medical examinations in the Member State responsible, shall not prevent the determining authority from taking a decision on the application for international protection.
Age assessment of minors
1. Where, as a result of statements by the applicant, available documentary evidence or other relevant indications, there are doubts as to whether or not an applicant is a minor, the determining authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the applicant’s age within the framework of the examination of an application. The assessment of the age shall not be based solely on the applicant’s physical appearance or behaviour. For the purposes of the age assessment, documents that are available shall be considered genuine, unless there is evidence to the contrary, and statements by minors shall be taken into consideration.
2. Where there are still doubts as to the age of an applicant following the multi-disciplinary assessment, medical examinations may be used as a measure of last resort to determine the applicant’s age within the framework of the examination of an application. Where the result of the age assessment referred to in this paragraph is not conclusive with regard to the applicant’s age or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
3. Any medical examination carried out for the purposes set out in paragraph 2 shall be the least invasive possible and be performed with full respect for the individual’s dignity. They shall be carried out by medical professionals with experience and expertise in age estimation.
Where this paragraph applies, the results from the medical examination and the multi-disciplinary assessment shall be analysed together, thereby allowing for the most reliable result possible.
4. Where medical examinations are used to assess the age of an applicant, the competent authority shall ensure that applicants, their parents, the adult responsible for him or her whether by the law or practice of the Member State concerned, their representatives or the person referred to in Article 23(2), point (a), are informed, prior to the examination of their application for international protection, and in a language that they understand and in a child-friendly and age appropriate manner, of the possibility that their age might be assessed by means of a medical examination. That shall include information on the method of examination, on possible consequences which the result of the medical examination might have for the examination of the application, and on the possibility and consequences of a refusal on the part of the applicant to undergo the medical examination. All documents relating to the medical examination shall be included in the applicant’s file.
5. A medical examination to assess the age of applicants shall only be carried out where the applicants, their parents, the adult responsible referred to in paragraph 4 of this Article, their representative or the person referred to in Article 23(2), point (a), consent after having received the information provided for in paragraph 4 of this Article.
6. The refusal by the applicants, their parents, the adult responsible referred to in paragraph 4 of this Article, their representative or the person referred to in Article 23(2), point (a), to have a medical examination carried out for the purposes of the age assessment shall not prevent the determining authority from taking a decision on the application for international protection. Such refusal may only be considered to be a rebuttable presumption that the applicant is not a minor.
7. A Member State may recognise age-assessment decisions taken by other Member States where the age assessments were carried out in compliance with Union law.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
