Risks & Responsibilities Family Tracing Igna Oomen Hamerslag & van Haren Immigration Lawyers Amsterdam
Todays point of view Representing a child – lawyers point of view Contact with guardian Relations with the government
Todays point of view Representing a child – lawyers point of view Contact with guardian Relations with the government
The Dutch approach
Overview The exploited child Responsibilities Risks Reunion & return Dublin issues
The exposed or exploited child Special 'victim' status only during criminal investigation Residence permit only for duration of criminal investigation Same rules apply for both adult and child victims After criminal procedure new evaluation of rigtht to stay Many cases end without a real suspect, trial or conviction
Happy 18th birthday? Upto 18 years migrant children (single, or in family situation) receive housing, care and education. This ends at 18, even for exploited and exposed children.
No residence permit, no shelter
Best interest of the Child National law vs Soft law Raad van State = High(est) Administrative Court European Fundamental Rights Charter Getting the judge to apply best interest
Family Tracing Purpose Risks Responsibilities
Finding the family Dutch Government unwilling to offer diplomatic services IOM Red Cross Tracing Teams
Family Tracing purpose: REUNION When Who Where How
When During criminal investigative procedure After remaining a while in the host country
Who 1st or 2nd grade family Children with children...
Where Home country Host country Third country
How Voluntary By force
Return without reunion 18+ Orphanages Extended family
Family tracing responsibilities Government responsibilities Dutch government is very reluctant to offer means and meassures. Guardian should assess best interest of the child Means and meassures Wishes of the child Confidentiality Gathering information from home country
Risks 1 Disappearances lack of interest by police Closed shelter for vulnerable children Imprisonment-like situation Unrecognized exploited children
Risks 2 Risks for the child In host country In country of origin Risks for the family retribution Risks by the family Role of the family
The unrecognized child refugee Child specific persecution grounds Burden of proof / credibilty Best interest of the child -interpretation
Reunion & Return Getting travel documents Moment of return Follow Up
To claim or not to claim... MA ea vs UK Reunion with family members Older children / young adults