A minor or an unaccompanied minor who is granted with a refugee status or an alternative status must be granted with the following rights:
- According to the Asylum Law, an unaccompanied
minor shall be accommodated at an accommodation centre for asylum seekers, with
a guardian appointed by the Orphan’s Court or at a child care institution. A
decision regarding accommodation of an unaccompanied minor at an accommodation
centre for asylum seekers, with a guardian or in a child care institution shall
be taken by the Orphan’s Court, upon clarifying the opinion of the Office of
Citizenship and Migration Affairs, taking into account the interests and
opinion of the minor in accordance with the age and maturity thereof and
observing the following conditions: 1) an unaccompanied minor shall be
accommodated together with adult relatives; 2) children from one family shall
not be separated, except in cases where it is done in the best interests of the
children; and
3) the place of accommodation of an
unaccompanied minor shall only be changed if it conforms with the interests of
this person.
A minor unaccompanied refugee who is not married has the right to take in
his or her mother and father who have arrived from a foreign country.
According to Law on Protection of the Rights of the Child, the child shall receive protection and assistance
irrespective of whether the child is accompanied by parents or other adults or
alone. The Orphan’s Court together with the local government’s social service
and immigration institutions shall carry out measures to locate the parents of
a child and to determine what are the possibilities for the child to return to
his or her family. If it is not possible to find the parents, a child shall be
provided with the same care as any other child who has been left without parental
care.
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