Accompanied minors are minors who reside in Belgium with their parent(s) or legal guardian. If the parents file an application for asylum, the children will automatically be included in the procedure of their parents.
The CGRS does not invite children to an interview, as their parents are given the opportunity to explain their children’s motives.
In the following cases, the CGRS can exceptionally invite an accompanied minor for an interview:
If an accompanied minor has asylum motives of their own and wants to explain them personally at the CGRS, the minor can inform the CGRS of this. To do this, it is not necessary that the minor submits a request of their own. The CGRS decides if it will invite the minor and takes their age into account. The interview at the CGRS takes place without the parent(s) or legal guardian. The presence of a lawyer is required. The minor is allowed to bring a trusted person.
A trusted person is someone who professionally specializes in assisting persons or in refugee law, for example a social worker, a psychologist or a therapist. The trusted person must be authorized by the CGRS to attend the interview.
The CGRS can decide to invite a minor for an interview if there are special reasons for doing so and if this is in the minor’s interest. The minor is not obliged to accept the invitation. If the minor refuses, this does not have any negative consequences. If the minor does accept the invitation, the presence of a lawyer is requested. The parent is not allowed to attend the interview. The minor can bring a trusted person.
The interview with the minor is not the same as an interview with an adult. The CGRS will indeed assess the minor’s opinion. There is no minimum age but the minor must have enough discernment and insight to form their own opinion.
An accompanied minor has the right to file an application of their own. The following is important to know:
- If the minor’s parents also filed an application and have not received a decision yet, the applications are processed together. The CGRS invites the minor for an interview, without the parent(s) if the minor is over 7 years old, provided that the minor has enough discernment. The CGRS takes into account the minor’s age, maturity and vulnerability. The presence of a lawyer is required at the interview. The minor can bring a trusted person.
- If the CGRS already refused the parents’ application, the minor is invited for an interview, during which only questions are asked about the minor’s personal reasons to apply for asylum. The presence of a lawyer is required. If the minor does not have reasons of their own, the CGRS quickly takes a decision of inadmissibility. The minor can bring a trusted person.
- If the accompanied minor does have their own reasons to file an application for asylum, the CGRS only invites the child, without the parents, for an interview, provided that the child has enough discernment. The CGRS takes into account the child’s age, maturity and vulnerability. The child must tell why he or she cannot or does not want to return to their country of origin. The presence of a lawyer is required. The minor can bring a trusted person.
- If the parents file an application for their child under 7 years, they will have to explain the reasons during the interview at the CGRS. During this interview, questions will only be asked about the child’s reasons.
