SOPsGreeceUAMsVoluntaryRelocation.pdf

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11 May 2020 FINAL VERSION STANDARD OPERATING PROCEDURES (SOPs) FOR VOLUNTARY RELOCATION FROM GREECE OF UNACCOMPANIED MINORS (UAMs) AND ACCOMPANIED MINORS WITH SEVERE MEDICAL CONDITIONS OR OTHER VULNERABILITIES This document sets out the common operational framework (7 phases, 26 steps) for the voluntary relocation from Greece of unaccompanied minors (travelling alone) or accompanied minors with severe medical conditions (see below) or other vulnerabilities, to be followed by the participating Member States, the relevant Greek authorities, the Commission, EU Agencies and UN organisations, in accordance with their respective tasks and responsibilities. For the purposes of these SOPs, the following definitions should be used: 1. Unaccompanied Minor: as set out in Art. 2 (j) of Regulation 604/2013 (Dublin Regulation). 1 conditions : 2. Severe medical A chronic health condition, which is incurable, causes severe disability, and/or disability and impairment, and/or entails significantly high healthcare costs. Representative examples of a severe medical conditions include, in particular  Amputated legs  Severe gunshot wounds  Severe genetic (e.g. trisomy) and hereditary disorders (e.g. cystic fibrosis, thalassemia, brittle bone disease)  Leukemia & cancer  Severe cardiovascular diseases  Severe psychiatric diseases (e.g. Psychosis; Major Depressive Disorder)  Motor Disabilities (e.g. cerebral palsy)  Physical/Mental impairment & disability  Severe autoimmune disorders (e.g. multiple sclerosis,  Severe communicable diseases such as HIV and hepatitis  Severe kidney damage (dialysis). An individual may suffer from multiple diseases (multi-morbidity) that are not individually considered as severe but do, in combination, lead to severe disability, and/or disability and impairment, and/or entail significantly high healthcare costs. Cured severe diseases (e.g. cancer or epilepsy) can be excluded to the extent they are medically considered as healed and symptom-free. 1 This definition aims at classifying health conditions, functioning and disabilities but NOT the persons themselves. 1
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11 May 2020 # Action Proposed average Key Actors 2 duration Lead-in Preparatory Phase 1. A. Set up a coordination mechanism among relocation stakeholders in Greece - The European Commission, EASO, Special Secretary for UAMs (SSUAMs), the Ministry of Migration and Asylum (MoMA), the Greek Asylum Service (GAS), the Reception and Identification Service (RIS), IOM, UNHCR, UNICEF and FRA appoint a Focal Point for relocation. - Under the coordination of the European Commission, the Focal Points meet regularly for coordination purposes. B. Coordination mechanism with involved Member States (MS) - Each involved Member State and other country willing to receive UAMs and accompanied minors with severe medical conditions or other vulnerabilities appoint Focal Point/Liaison Officer for relocation from Greece. - Under the coordination of the European Commission, the Focal Points of the relocation stakeholders active in Greece and the Focal Points of the Member States meet/have VCs regularly for coordination meetings. - The relocation SOPs are discussed and agreed between the relocation stakeholders active in Greece and the involved Member States. 2. Establishment of the pool of minors eligible for relocation from Greece by the SSUAM, with input from the MoMA, GAS, RIS, UNHCR and EKKA, in cooperation with the European Commission. Output: - SSUAM shares total number of eligible minors (and family members if relevant) with a breakdown of age, gender, nationality. - Eligibility criteria will be provided in a separate document (as per notes below) 2 The proposed average duration notably depends also on the number of minors to be relocated. 2 European Commission EASO SSUAM MoMA GAS RIS IOM UNHCR UNICEF FRA Involved MS Involved other countries European Commission European Commission SSUAM RIS GAS UNHCR EASO SSUAM
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11 May 2020 # Action Proposed average Key Actors 2 duration Lead-in - Transmission of rolling lists of specific minors (and family members, if relevant) by SSUAM (as per point 11 below). Note 1: UAMs and accompanied minors with severe medical conditions or otherwise vulnerable and their respective core family who are (pre-)registered and express the intention to apply for asylum (making of application, not formal lodging) should be included and registered by GAS (see below). Unregistered minors who express the intention to apply for asylum should be registered and included as a matter of priority. Note 2: UAM eligible for the Dublin Family Reunion should not be included in this list but must be proposed without delay to the respective MS in accordance with the Dublin procedure. However, in order to ensure as wide a pool as possible for relocation, respective MSs should ensure speedy and viable processes for Dublin Family Reunion and, if UAMs are rejected, they become immediately eligible for relocation. Note 3: Eligibility for relocation should be open to all unregistered, pre-registered and/or fully registered minors who arrived before 1 March 2020. No restrictions should be made or apply in respect of nationality or age. Note 4: Minors who were eligible and selected but turned 18 during the implemen- tation of the relocation scheme should be relocated. Note that turning 18 will have an impact on reception conditions and procedure. 3. Formal launch of the relocation exercise by the European Commission and request for confirmation of pledges from the participating MS and other involved countries. 4. Confirmation of pledges by the participating Member States, including their possible preference criteria, constraints, reception and integration indications. Note: The constraints should be as limited as possible and not make practically impossible the identification of eligible UAMs or accompanied minors with severe 3 European Commission European Technical Support by EASO Commission as necessary, incl. relevant tool/template for pledges MS of relocation European Commission
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11 May 2020 # Action Proposed average Key Actors 2 duration Lead-in medical conditions or other vulnerabilities (with their core families), such as limiting relocation to a few nationalities, specific date of arrival, or certain ages. Particular preferences of the relocating State have to be considered when related to constraints in the reception or asylum processing capacities, not allowing them to provide an appropriate environment for specific needs of minors (e.g. specific medical conditions). EASO to design a common template for pledges and reception related constraints to ensure common taxonomy to facilitate the matching process. 5. Design/update of all tools, including the Best Interest Assessment (BIA) form, monitoring and data collection tools, used by the relocation stakeholders active in Greece EASO, GAS SSUAM with input from FRA, IOM, UNHCR & UNICEF First Phase Transfer of all eligible minors from the islands to the temporary shelters and transit relocation hubs on the mainland. Start the following steps in the meantime, in particular BIAs. [timing TBC] SSUAM IOM/UNICEF 6. Where this has not already taken place, initial identification of minors (and their core families, if relevant) to be potentially relocated by the Greek authorities, including: - Registration and fingerprinting (if applicable according to the minor’s age) as category 2 in Eurodac system; - Check against national & EU information systems (SIS, VIS, Europol & Interpol databases). - In case of accompanied minors with severe medical conditions or other vulnerabilities, or in other relevant cases (siblings or other family link alleged by a UAM), the core family composition should be substantiated. RIS in cooperation with Hellenic Police and FRONTEX GAS EASO SSUAM 7. Where this has not already taken place, (standard arrival) medical checks should be carried out (outside the public health system). SSUAM 4 IOM IOM GAS
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11 May 2020 # Action 8. Where applicable: Rapid appointment of a guardian for the UAM while in Greece Appointed guardians are preferred. Alternative 1: Public Prosecutor acting as temporary guardian. Alternative 2: child protection officer/ caretaker specifically mandated by the Public Prosecutor to act as guardian. Decisions of acting guardians must be confirmed by the Public Prosecutor. Note: the guardians should be located on the mainland, to the extent UAMs on the islands are transferred to the mainland prior to relocation. Proposed average Key Actors 2 duration SSUAM Public Prosecutor Appointed guardians Lead-in Public Prosecutor The guardian will help safeguarding the best interests of the child, ensuring the child’s overall well-being, and exercising legal representation in the relocation process. The guardian should accompany the child during important interactions with other actors, such as during the asylum application, age assessment, best interests assessment, and provide child appropriate and regular information to the child on the relocation process. Sufficient and child-appropriate information should be given to the child about the relocation initiative, in particular about the following asylum process and reception in the MS of relocation. The child should be consulted about the interest of being included in the list of eligible applicants (could also be done at the BIA stage below). 9. Registration/lodging of the asylum application by GAS with support of EASO. RIS/GAS/EASO 10. Age assessment for applicants in cases of doubt on the part of the authorities that they are minors. Ensure, in case of doubt on the age, that persons are not excluded from the relocation procedure unless an age assessment procedure has been performed and led to a clearly negative outcome. Note: GR authorities to communicate protocol for age assessment to other MS. Note: Any changes in the age of the person after the results of the age assessment must be communicated between GAS, RIS, SSUAM and all other relevant stakeholders, in compliance also with the data protection legislation. All relevant databases must be updated accordingly. SSUAM 5 IOM Technical Support by EASO as necessary GAS SSUAM
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11 May 2020 # Action 11. Periodic transmission of rolling lists of eligible applicants including composition of the group (age including whether age assessment has been carried out, gender, nationality, languages, family members and links, location, and if available special needs, in particular regarding moderate or severe health (and mental health) issues by SSUAMs to the European Commission and EASO in view of their launching of the second phase. Proposed average Key Actors 2 duration SSUAM GAS Lead-in SSUAM Second phase 12. The Best Interest Assessment (BIA) for the Purpose of Relocation is conducted for eligible minors by the child protection officers/caretakers/case-workers of EASO and UNHCR as well as the guardian. A two-staged process (with actors from the same agencies) replaces the usual panel in the interest of simplified procedures. Once finalized, BIAs are approved by the Public Prosecutor in view of step 18. Note: The information gathered for the BIA for the purpose of relocation will also be shared with IOM to avoid repetitive questioning of the UAM at the next stage. Note: children in police stations, homeless and informal urban accommodation will be transferred to transit shelters for the BIA and other steps to be carried out as per above. The best interest of the child to be relocated is assessed through a BIA form (Annex). The assessment is done with the participation of the child so that its views and opinions are reflected, subject to age and maturity. UAMs should be informed of possible countries, express preference, but also accept that they could be relocated elsewhere. The preferences of the child regarding the MS of relocation should be considered whenever possible within the pledge of the relocating MS. While this step includes consent for relocation for the purpose of step 18, notification of a transfer decision to a specific MS is provided for under step 21. 6 SSUAM EASO UNHCR GAS Public Prosecutors/guardians IOM/UNICEF MS EASO
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11 May 2020 # Action Proposed average Key Actors 2 duration Lead-in Family members and other persons close to the child are also consulted. The assessment is based on the background of the child, the links of the child with adults residing in Greece or other MS, the child’s specific medical, psychosocial and/or deve- lopmental needs and whether they can be best addressed in Greece or in another MS. Note: The BIA should also include all information that can facilitate the matching to a MS, including information relevant to the reception restrictions submitted by MS. BIAs of UAM who are particularly vulnerable and in need of special protection are prioritised. 13. Special Secretary with input from GAS gathers and submits to EASO batches of BIA, prioritizing the BIAs of particular vulnerable UAMs, expressing their views as necessary SSUAM GAS SSUAM 14. Matching between the UAMs relocation requests and the Member State pledges is done by EASO, in coordination with the SSUAM on the basis of the EASO matching criteria applied in the SOP for disembarkations from the Central Mediterranean, either through casefiles or, where necessary, interviews. EASO on behalf of the Commission EASO SSUAM The matching process also takes into account any constraints expressed by the relocating Member States. Note: The matching process should already take into account concrete information of the relocating Member State, including information about reception and accommodation facilities in this Member State. This would help to avoid the need for repetitive BIA procedures. Avoid repetitive questioning of the child, through the coordination of the different actors and the sharing of information about their BIA, in accordance with confidentiality and data protection rules. The matching will be done on a rolling basis, taking individual BIAs into account. 15. Submission of the proposed redistribution list (in the form of rolling lists) from EASO to the Commission, SSUAM, EKKA & GAS Dublin Unit. Subsequent circulation by the Commission to all participating Member States. 7 EASO European Commission SSUAM EASO
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11 May 2020 # Action Such lists will include the name, nationality, date and place of birth and special needs, EURODAC data and age assessment outcome if applicable. 16. Acceptance (and/or comments) of the proposed redistribution list by the participating MS of relocation or involved additional country via e-mail to the Commission, EASO, SSUAM and GAS Dublin Unit. Proposed average Key Actors 2 duration GAS EKKA Lead-in MS of relocation SSUAM European Commission European Commission 17. Security assessments should prioritize checks based on the data on file. Additional interviews for minors and adults (family members, where relevant) can be conducted only if requested by a MS of relocation, either remotely or through deployment on the ground (with possible logistical support by EASO, including the provision of office space, interpreters and facilities for remote interviews). Alternatively, EASO can conduct additional interviews on behalf of the Member States that so request. Member States can reserve the right to hold personal interviews and to assess every issue of the file. MS of relocation communicate without delay the dates of their planned additional interviews to SSUAM, EKKA, GAS and EASO, together with any requests for logistical support, in view of an efficient planning of the support. If an additional interview with the minor is considered necessary, the presence of the guardian needs to be ensured. Such interviews must be conducted in a child- appropriate manner with the “do no harm” principle in mind. Note: Avoid repetitive questioning of the minor, through the coordination of the different actors and the sharing of information about their BIA, in accordance with confidentiality and data protection rules. MS of relocation will communicate an acceptance list following interviews and possible security checks. MS of relocation with the support of EASO, if requested SSUAM GAS EASO/SSUAM 18. On the basis of the relocating Member States’ acceptance lists, preparation of the relocation file by the GAS Dublin Unit (implementation under Article 17 (2) of the Dublin Regulation): GAS Dublin Unit/EASO Third phase 8 GAS
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11 May 2020 # Action - - - - Proposed average Key Actors 2 duration Lead-in GAS Dublin Unit sends a take charge request to the proposed Member State, which contains the following documents: - registration file; - fingerprints of the person if applicable; Eurodac CAT1 search result; results of possible searches in VIS and SIS II or other National Databases - age assessment result if applicable; - BIA Form and possible ID documents; - Written consent required by Article 17 (2) of the Dublin Regulation (Public Prosecutor or minor who has become an adult in the meantime). In case GAS has already conducted a registration and/or asylum interview, the transcript(s) of interviews, decisions, and any other relevant information should also be included ; - Health information as per Article 32 of the Dublin Regulation for medical care. As a rule, all Dublin related communication shared between Member States should take place via DubliNet. In the Subject line, “GR Relocation of Minors” shall be included in order to facilitate the communication. 19. The MS of relocation examines the file and communicates if it accepts the request for relocation. In case of rejection by a MS of relocation based on security grounds, all relevant information pertaining to the rejected minor/family members is transmitted to the Greek Authorities through the appropriate channels and services. MS of relocation GAS GAS SSUAM Hellenic Police Competent Authority Rejections via Dublinet should not mention security reasons, these should be shared directly to the competent Hellenic Police Division. 20. In the exceptional case of rejection of a proposed minor by the MS of relocation, the minor may be proposed to another relocating Member State. The second MS of relocation has to be informed about the rejection by the first one. If the rejection of a proposed minor is based on security grounds, this is always to be indicated, and the case must not be submitted to another Member State without prior information of the Greek authorities. 9 Commission GAS MS of relocation SSUAM GAS Hellenic Police Competent Authority
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11 May 2020 # Action Proposed average Key Actors 2 duration Lead-in Fourth phase 21. Notification - When the acceptance is received by the GAS Dublin Unit, a transfer decision must be made and notified to the minor and Public Prosecutor and or family members in accordance with Article 26 of the Dublin Regulation. While the likelihood of an appeal is low considering that the applicant has already given his/her consent to relocation (see step 12), the applicant must be able to exercise his/her right to an effective remedy and a minimum right to request suspensive effect of the transfer decision. GAS Dublin Unit EASO SSUAM GAS IOM IOM GAS (supported by EASO) will carry out information provision to the guardian and minor at the time of the notification. GAS to notify MS / EASO /IOM about the completion of the notification procedure. Fifth phase 22. Transfer and Integration assessment IOM gathers specific information from different sources, including the information gathered for the BIA and the country of relocation and produces the Transfer and Integration report that is submitted to the guardian [and the public prosecutor] to obtain the consent to the child’s transfer to the specific MS and authorize escort for the transfer. Identity checks may be required. Pre-departure health assessments - IOM Greece will conduct Pre-Migration Health Assessments on the selected candidates based on the requirements of the MS of relocation, as described in the Health Protocol. - Special needs related to transportation and accommodation will be shared with authorities of the MS of relocation. Medical files will be shared with designated medical focal points only at the destination point. IOM will not share the medical files of beneficiaries with non-medical authorities or other agencies. 10 MS of relocation SSUAM
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