Unaccompanied minors in Germany , Date: 2014.12.16, Order number: FFWP60, format: Working paper, area: Authority

This Focus Study addresses the subject of unaccompanied minors in Germany. Minor third-country nationals who enter Germany without their parents and remain here are a particularly vulnerable group, regardless of whether they apply for protection. They usually enter Germany illegally and, if they are discovered, they are taken into care by the youth welfare office, assuming that they are not refused entry at the border. They only represent a small group among third-country nationals in relation to all migration activity, but their numbers have increased steadily in the past few years.

Whilst only 763 unaccompanied minors lodged an asylum application in 2008, as many as 2,486 unaccompanied minors sought protection in Germany in 2013. Most of them came from Afghanistan (690), Somalia (355), Syria (285), Eritrea (140) and Egypt (120). The protection rate has also increased: In 2010 it was 36.3 %, whilst the Federal Office for Migration and Refugees approved refugee protection, asylum, subsidiary protection or prohibition of deportation for 56.6 % of the unaccompanied minor asylum-seekers in 2013.

Protection and outlook

In order to obtain prospects to remain in the country, they may firstly file an asylum application. The Federal Office for Migration and Refugees (BAMF) has specially-trained officers for unaccompanied minors who are responsible for ensuring that the age and child-specific needs of unaccompanied minors are taken into account when interviews are conducted in the asylum procedure and when the decision on the application for asylum is taken. Secondly the foreigners authorities usually grant exceptional permission to stay (so-called "Duldung") – provided the relevant conditions are fulfilled – which can lead to a longer-term stay if the unaccompanied minors manage, for instance, to integrate well into the German way of life and manage to complete school education or vocational training. This is where the Youth Welfare Service can offer a wide range of assistance and support. In terms of practical implementation, this however results in a tenuous relation between the Youth Welfare Act and the Residence Act.

However, the services provided by the Youth Welfare Service are not just limited to unaccompanied minors who do not file an application for asylum. In cases in which the Youth Welfare Service provides support, it frequently happens that even though an application for asylum has been rejected, the unaccompanied minors have the prospect of remaining in Germany beyond the age of eighteen.

If unaccompanied minors are nevertheless obliged to leave the federal territory, they enjoy special protection in relation to detention and deportation.

This study is based first and foremost on evaluations of already existing reports on a selection of aspects relating to the subject and analyses of relevant statutory provisions.

Working Paper 60 was drawn up by the National Contact Point for the European Migration Network (EMN), which has been established at the Federal Office for Migration and Refugees, as the German contribution towards pan-European overview of the administrative and policy practises in relation to the admission of unaccompanied minors.

Working Paper 80 of the year 2018 examines the legal framework as well as the situation of unaccompanied minors and provides the latest relevant statistics.

The study was drawn up by: Dr. Andreas Müller

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