“Unaccompanied minors refer to individuals under the age of 18 for whom no acceptable adult, neither parents nor others, was present at the time of asylum claim in Canada. They are equivalent to resettlement program’s “truly separated minors.” Separated minors refer to individuals under the age of 18 who have no parent, but have other adults, who are willing and able to provide care, present at the time of asylum claim in Canada.”
-Wouk, Judith et al. 2006. “Unaccompanied/Separated Minors and Refugee Protection in Canada: Filling in Information Gaps.” Refuge: Canada’s Journal on Refugees 23(2): 125-138.
“The definition proposed in the Discussion Paper is: “any child under the age of 18 who is separated from his/her parents.” This definition fails to take account of the fact that minor asylum-seekers who have been separated from their parents are frequently looked after by relatives, or by others who (by law or by custom) have assumed the role of guardian. This reality is reflected in the definition of “separated child” adopted by UNHCR and The International Save the Children Alliance in their 2000 report. It is also reflected in the definition of “unaccompanied child” in UNHCR’s “Refugee Children – Guidelines on Protection and Care” (1994.) It is UNHCR’s experience that separation from customary care-givers can be very harmful to a child, and may be contrary to the minor’s best interests. While care must be taken in assessing and monitoring the nature and implications of such custodial relationships, children should not be separated from appropriate customary care-givers. We would recommend that the definition in the Discussion Paper be revised to acknowledge appropriate non-parental custodial relationships.”
-UNHCR. 2000. “UNHCR Comments on CIC’s Draft Discussion Paper
“Unaccompanied Minor Refugee Claimants.” http://ccrweb.ca/uam.htm.[Accessed 13 September 2013].
“General Principles
The basic guiding principle in any child care and protection action is the principle of the “best interests of the child”. Effective protection and assistance should be delivered to unaccompanied children in a systematic, comprehensive and integrated manner.
Definition
An unaccompanied child is a person who is under the age of eighteen, unless, under the law applicable to the child, majority is, attained earlier and who is “separated from both parents and is not being cared for by an adult who by law or custom has responsibility to do so.
Access to the territory
Because of their vulnerability, unaccompanied children seeking asylum should not be refused access to the territory.
Identification and initial action
Authorities at ports of entry should take necessary measures to ensure that unaccompanied children seeking admission to the territory are identified as such promptly and on a priority basis.
Unaccompanied children should be registered through interviews. Effective documentation of the child will help to ensure that subsequent actions are in the ‘best interests’ of the child. A guardian or adviser should be appointed as soon as the unaccompanied child is identified. The guardian or adviser should have the necessary expertise in the field of childcaring, so as to ensure that the interests of the child are safeguarded and that his/her needs are appropriately met.
Initial interviews of unaccompanied children to collect biodata and social history information should be done immediately after arrival and in an age-appropriate manner. It is desirable that all interviews with unaccompanied children be carried out by professionally qualified and persons, specially trained in refugee and children’s issues. Insofar as possible, interpreters should also be specially trained persons. In all cases, the views and wishes of the child should be elicited, and considered.
Access to asylum procedures
Children should always have access to asylum procedures, regardless of their age.
Interim care and protection of children seeking asylum
Children seeking asylum, particularly if they are unaccompanied, are entitled to special care and protection. Children seeking asylum should not be kept in detention. This is particularly important in the case of unaccompanied children.”
Refugee status determination
Considering their vulnerability and special needs, it is essential that children’s refugee status applications be given priority and that every effort be made to reach a decision promptly and fairly. Not being legally independent, an asylum-seeking child should be represented by an adult who is familiar with the child’s background and who would protect his/her interests.”
– UN High Commissioner for Refugees (UNHCR), Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum, February 1997, available at: http://www.refworld.org/docid/3ae6b3360.html [accessed 14 September 2013].
“These young people come from different countries and are separated from their guardians for various reasons…[I.e.] violent death of parent(s), sometimes in front of child; detention and torture of child; armed conflicts that target child civilians; genocide; forced recruitment of children into armed forces, some under 10 years of age; trafficking of children for the purposes of prostitution under brutal conditions; persecution of child’s ethnic group; denial of education due to the child’s ethnic identity; political activities of the child or child’s family members resulting in persecution; rape and sexual assault; abuse and/or abandonment by parents; poverty and complete lack of opportunity.”
– Elgersma, Sandra. 11 October 2007. “Unaccompanied and Separated Minors as Refugee Claimants.” Ottawa: Parliamentary Information and Research Service, Library of Parliament. www.parl.gc.ca/Content/LOP/researchpublications/prb0715-e.pdf. [Accessed 13 September 2013].
“The international community has recognized that refugee children have different requirements from adult refugees when they are seeking refugee status. The United Nations Convention on the Rights of the Child (CRC)3 has recognized the obligation of a government to take measures to ensure that a child seeking refugee status receives appropriate protection.In addition, the United Nations High Commissioner for Refugees (UNHCR) has issued guidelines on the protection and care of refugee children.”
–Immigration and Refugee Board. 1996. Chairperson Guideline 3: Child Refugee Claimants: Procedural and Evidentiary Issues. http://www.irb-cisr.gc.ca/Eng/BoaCom/references/pol/GuiDir/Pages/GuideDir03.aspx.
“Many unaccompanied refugee minors do well in spite of the vulnerable situation they find themselves in. We also know that unaccompanied refugee children generally want to be treated like normal children and young people. The minors’ highest priorities and desires are often stable, long-term housing and a clearly identified key person who can help them to navigate bureaucratic institutions, such as those who provide health, education and housing assistance. Many also want to have a responsible adult in their lives who takes on the role of a substitute parent and caregiver. There is reason to believe that what is true for children and young people in general also applies to unaccompanied refugee minors…they ‘need to experience safety, belonging and success in their life projects.’”
– Eide, Ketil and Anders Hjern. 2013. “Unaccompanied refugee children – vulnerability and agency.” Acta Paediatrica 102(7): 666-668.
Immigration and Refugee Board. 1996. Chairperson Guideline 3: Child Refugee Claimants: Procedural and Evidentiary Issues. http://www.irb-cisr.gc.ca/Eng/BoaCom/references/pol/GuiDir/Pages/GuideDir03.aspx.
Special Issue: Independent Child Migration-Insights into Agency, Vulnerability, and Structure. New Directions for Child and Adolescent Development. Volume 2012, Issue 135.
UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, available at: http://www.refworld.org/docid/3ae6b38f0.html [accessed 14 September 2013].
UN High Commissioner for Refugees (UNHCR), Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum, February 1997, available at: http://www.refworld.org/docid/3ae6b3360.html [accessed 14 September 2013].
UNHCR. 1999. “UNHCR’s Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers.” www.refworld.org/pdfid/3c2b3f844.pdf. [Accessed 14 September 2013].
UNHCR, 2012. A Framework for the Protection of Children. Geneva, Switzerland. Division of International Protection, http://www.unhcr.org/50f6cf0b9.html. [Accessed 14 September 2013]
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Eide, Ketil and Anders Hjern. 2013. “Unaccompanied refugee children – vulnerability and agency.” Acta Paediatrica 102(7): 666-668.
Elgersma, Sandra. 11 October 2007. “Unaccompanied and Separated Minors as Refugee Claimants.” Ottawa: Parliamentary Information and Research Service, Library of Parliament. www.parl.gc.ca/Content/LOP/researchpublications/prb0715-e.pdf. [Accessed 13 September 2013].
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