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Proceedings in case of special groups of applicants
In case of doubt as to his/her age, an alien claiming to be a minor may, upon their consent or the consent of their legal representative be subjected to medical examination in order to determine their actual age. If there is no consent to perform the examination, the alien claiming to be a minor is considered to be adult.
The authority that receives the application for granting a refugee status submitted by the unaccompanied minor shall immediately motion the competent guardianship court for appointing a guardian to represent the minor in the proceedings to grant the refugee status and place the minor in a custodian-educational centre. If the proceedings reveal the fact that the minor is unaccompanied, such motion is submitted by the Head of the Office.
If it is possible the Head of the Office undertakes some actions in order to find the relatives of the unaccompanied minor.
Moreover, he notifies the guardian of the unaccompanied minor about the date and place of hearing.
Before the hearing the Head of the Office advises the unaccompanied minor on the actual and legal circumstances that may affect the outcome of the proceedings to grant the refugee status, as well as the possibility to request a presence of an adult person indicated by the minor at the hearing. The hearing is carried out in the language understandable for the unaccompanied minor, in a way adjusted to his/her age, according to the degree of his/her maturity and mental development, as well as taking into consideration the possibility of his/her very limited awareness of the actual situation in his country of origin.
The unaccompanied minor attends the hearing in the presence of:
1) a guardian,
2) another adult, indicated by an unaccompanied minor, if it does not make difficulties in the proceedings,
3) a psychologist or a pedagogue, who prepares an opinion on a psychophysical state of the unaccompanied minor.
An alien who notifies the body conducting that they have been victims of violence, aliens with disabilities, or whose psychophysical state allows presuming that they have been victims of violence are provided by the Head of the Office with opportunity to undergo examination in order to confirm such circumstances.
If the medical or psychological examination confirms that the alien has been a victim of violence or is disabled the activities undertaken in the course of the proceedings for granting refugee status shall be effected:
1) in conditions assuring a freedom of speech, in a particularly tactful manner, adjusted to the alien's psychophysical state,
2) on a date adjusted according to his/her mental and physical state, taking into consideration the dates of medical treatments undergone by such an alien,
3) with participation of a psychologist and - if necessary - of an interpreter of the sex indicated by an alien or by a doctor.
In special cases, if it is justified by the alien's health status, the activities in the course of the proceedings for granting refugee status are performed in the place of his/her residence. If it is justified by the mental or physical state of an alien placed in the centre, he/she shall be provided with a transport in order to give testimonies and statements in the proceedings for granting the refugee status or undergo the medical treatment.
Last change of this page: 24.07.2008.
