1. Risks & Responsibilities Family Tracing Igna Oomen Hamerslag & van Haren Immigration Lawyers Amsterdam

2. Todays point of view Representing a child – lawyers point of view Contact with guardian Relations with the government

3. Todays point of view Representing a child – lawyers point of view Contact with guardian Relations with the government

4. The Dutch approach

5. Overview The exploited child Responsibilities Risks Reunion & return Dublin issues

6. 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

8. 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.

9. No residence permit, no shelter

10. 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

12. Family Tracing Purpose Risks Responsibilities

14. Finding the family Dutch Government unwilling to offer diplomatic services IOM Red Cross Tracing Teams

15. Family Tracing purpose: REUNION When Who Where How

16. When During criminal investigative procedure After remaining a while in the host country

17. Who 1st or 2nd grade family Children with children...

18. Where Home country Host country Third country

19. How Voluntary By force

20. Return without reunion 18+ Orphanages Extended family

21. 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

22. Risks 1 Disappearances  lack of interest by police Closed shelter for vulnerable children  Imprisonment-like situation Unrecognized exploited children

23. 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

24. The unrecognized child refugee Child specific persecution grounds Burden of proof / credibilty Best interest of the child -interpretation

25. Reunion & Return Getting travel documents Moment of return Follow Up

27. To claim or not to claim... MA ea vs UK Reunion with family members Older children / young adults