CCPR/C/115/D/2258/2013
also for providing the necessary background material, including information on the
situation in the asylum seeker’s country of origin or first country of asylum. 2
4.4
The State party provided a detailed description of the provisions of the Aliens Act
that regulated asylum proceedings in cases involving unaccompanied minors. It maintained
that unaccompanied asylum-seeking minors must meet the same conditions as other asylum
seekers in order to be granted asylum. However, children were considered a particularly
vulnerable group, and special guidelines therefore applied to the examination of their
applications. All unaccompanied asylum-seeking minors would have an appropriate adult
appointed by the State Administration to represent them and safeguard their interests until
they turned 18. The examination of the child by the Refugee Appeals Board was adapted to
the child’s age and maturity. Normally, the Board was less demanding when it came to the
burden of proof. The State party referred to paragraphs 213 to 219 of the Office of the
United Nations High Commissioner for Refugees (UNHCR) Handbook on Procedures and
Criteria for Determining Refugee Status and held that, when a minor had not reached a
sufficient degree of maturity to make it possible to establish a well-founded fear of
persecution in the same way for him or her as for an adult, it might be necessary to give
greater regard to certain objective factors.
4.5
In the proceedings concerning the request for residence permits for unaccompanied
minors under section 9c (3) (i) or (ii) of the Aliens Act, children under the age of 12 were
normally not considered sufficiently mature to undergo ordinary asylum proceedings. As
for children between the ages of 12 and 15, a child was assessed individually to determine
whether he or she was sufficiently mature to undergo asylum proceedings. Children over
the age of 15 were normally considered sufficiently mature, but a specific determination
was made in each individual case. In the assessment of the minor’s maturity, factors taken
into consideration included not only the minor’s age, but also other special factors, such as
impaired development, illness or severe trauma. The Danish Immigration Service made the
decision regarding the child’s maturity, and the assessment was subject to review by the
Refugee Appeals Board in connection with the consideration of a refusal of asylum, if
relevant.
4.6
Pursuant to section 9c (3) (ii) of the Aliens Act, a residence permit could be issued
to an unaccompanied alien who had submitted an application for a residence permit
pursuant to section 7 (asylum) prior to his eighteenth birthday if there was reason to
assume, in cases other than those mentioned in section 7 (1) and (2) of the Aliens Act, that
the alien would in fact be placed in an emergency situation upon return to his or her country
of origin. Under section 9c (3) (ii) of the Aliens Act, the assessment by the authorities took
into account both the personal circumstances of the asylum seeker and the general situation
in his or her country of origin. For instance, a residence permit was normally granted in
cases in which the child’s parents were dead or there was reliable information that the
parents could not be found; or in which there would be a serious risk that the child would in
fact be placed in an emergency situation upon return. Pursuant to section 40 (1), first
sentence, of the Aliens Act, an asylum seeker must provide such information as was
required for deciding whether a residence permit could be issued under the Act.
Accordingly, it followed that an unaccompanied minor who claimed that he had no family
network in his country of origin normally bore the burden of proving such a claim.
4.7
As to the authors’ case, the State party maintained that the Refugee Appeals Board
had based its decision of 22 September 2010 on the principles contained in the judgement
of the European Court of Human Rights in NA. v. the United Kingdom (application No.
25904/07, judgement of 17 July 2008) – inter alia, that regardless of the deterioration of the
security situation in Sri Lanka and the resulting increase in the number of human rights
2
6
As to the background material regarding Sri Lanka, the State party referred to the website of the
Refugee Appeals Board (www.fln.dk).