Unaccompanied Minor
WHAT DOES BEING AN
UNACCOMPANIED MINOR MEAN?
In Europe, by law, every person under the age of 18 is considered a minor (adolescent or child). If you are under the age of 18, and arrived in Malta alone (for example without being accompanied by your parents or a legal guardian), the authorities will refer to you as an ‘unaccompanied minor’. If that is the case, you will receive support and assistance to make sure that your rights as a minor are respected.
As an ‘unaccompanied minor’ you have the right to be appointed with a representative by the court, who is legally responsible for ensuring your best interests and who will assist you during the asylum procedure.
If you arrive in Malta unaccompanied by your parents or legal guardian, but you are being taken care of by another relative, for example, your uncle or adult brother or sister, the authorities will still consider you as an ‘unaccompanied minor’ and refer you to AWAS. However, your relative may apply for a court order, through the services of a lawyer, to be appointed as your representative, including for the asylum procedure.
Please seek further guidance on either of the above processes from the Agency for the Welfare of Asylum Seekers (AWAS).
AGE ASSESSMENT
AWAS is the Agency responsible to determine if you are of minor age or not. They may decide to ask you to undergo an age assessment, if for example you do not have documents to prove your age, like a birth certificate or passport, or there are doubts about your age. It is important for AWAS and IPA to know whether you are a minor or not, and that is why an age assessment is conducted.
If the outcome of the age assessment is negative (for example it is concluded that you are of adult age), and you do not agree with this outcome, you have the right to file an appeal with the Immigration Appeals Board in accordance with the modalities listed in the leaflet given to you by AWAS. If you appeal, and your appeal is rejected by the Immigration Appeals Board, your date of birth for the Maltese authorities, and for all official purposes in Malta, including your application for international protection, will be the one as determined by AWAS’ age assessment. You will be given an appointment by the International Protection Agency to continue your application accordingly.
If the outcome of the age assessment is positive (you are confirmed to be of minor age), you will be given an appointment by the International Protection Agency to continue your application for international protection by lodging your application in the presence of your legal representative.
LODGING
During the lodging of your application for international protection, it is very important that you tell the IPA officer if you have family members in Europe and you would like to be reunited with them. If so, you need to tell the IPA officer everything you know about your family members’ whereabouts, including details on their place of residence and legal status in their current country. After the lodging, you may be called for a meeting with the Dublin Unit to discuss the possibility of being reunited with this family member.
REPRESENTATIVE
Your representative will be responsible for you throughout the asylum procedure. He or she will sign legal documents on your behalf and accompany you to your appointments at the IPA; including to lodge your application for international protection, to your personal interview and eventually to be notified of the decision on your application. Throughout the asylum procedure, he or she will help you make decisions and consult you to determine together which course of action is in your best interests. Your representative’s objective is to make sure that your rights as a minor are respected, and that your needs throughout the asylum procedure are met.
For more information on your rights and obligations throughout the asylum procedure, including during the personal interview, please click the below link to access our Booklet for unaccompanied minors who applied for international protection in Malta for the first time.
FEATURED
FEATURED
Asylum Procedure for unaccompanied minors
This video explains the asylum procedure for unaccompanied minors under the age of 18.
Asylum Procedure
for unaccompanied
minors
This video explains the asylum procedure for
unaccompanied minors under the age of 18.
Asylum Procedure
for unaccompanied
minors
This video explains the asylum
procedure for unaccompanied
minors under the age of 18.
UAM Booklets
For further information on the
asylum procedure for
unaccompanied minors, please
refer to this booklet
