to the rejection letter, the Dublin III Regulation is not applicable in such cases. Yet, this reasoning is
contradictory to Article 8 of the Regulation, which requires for the family member or/ and relative to be
legally present. The best interest of the minor and the documents submitted to support the case were not
taken into consideration. However, in 2022, France accepted the family reunification request of a minor
with his aunt who holds the French citizenship.439 GCR is not aware of such cases in 2023.
When applicants are not able to provide identification documents, DNA tests is the only way to prove the
family link. However, based on GCR’s experience in previous years, some countries require a DNA test
as a rule to be able to assess family links.
Age assessments is another matter that might affect the outcome and the processing time of a
reunification request. Based on GCR’s experience in previous years, Member States question the results
of the age assessments of unaccompanied children which were not conducted according to their own
methods.
2.1.2. The dependent persons and discretionary clauses
Outgoing requests under the humanitarian clause concern mainly dependent and vulnerable persons and
are sent either when Articles 8-11 and 16 are not applicable or in cases where the three-month timeframe
has expired regardless of the reason. Article 17(2) has been widely used for cases of subsequent
separation as well as in the beginning of 2021 for cases in which the deadline for transfer was not met,
on account of the added challenges posed by the Covid-19 pandemic.
2.1.3. The relocation scheme
In March 2020, the Commission launched a relocation scheme, under which vulnerable people from
Greece would be transferred to other EU Member States, in an effort to support Greece in managing the
disproportionate pressure on its reception system. Unaccompanied children and children with severe
medical conditions who were accompanied by their families, were the two categories of persons of
concern who could be included in the programme,440 if they have arrived in Greece before 1 March 2020
and if they have no possibility to be reunited with a family member in another Member State. Sixteen EU
countries participated in this scheme, including France, Germany, Luxembourg, Portugal and Bulgaria.
The Commission implemented this programme with the assistance of UNHCR, IOM and UNICEF,
following the eligibility criteria set in the relevant SOPs, which GCR was not able to obtain. Homeless
children, children living in precarious conditions, such as safe zone areas in camps and minors being
previously detained, were considered eligible for the program.
The process for the relocation of UAM consisted of three phases:441
v Phase 1: the preparatory phase, in which a list of identified unaccompanied minors was drafted
and shared by the Special Secretary of Unaccompanied Minors with the Greek Asylum Service
and then with EASO.
v Phase 2: a Best Interest Assessment interview takes place, during which the eligibility of each
minor was assessed. The procedure was led by EASO with the support of UNHCR and the child
protection partners. After the completion of the interview, the assessment and any other
supportive documentation were submitted to the Greek Authorities and the receiving countries.
v Phase 3 and last phase: the transfer of the person to the Member State which accepted the
responsibility for them. Prior to this final step, some countries, such as France, used to hold
another interview at their Consulate or Embassy in Greece. This interview is called ‘security
439
440
441
Information provided by the NGO European Expression.
European Commission, Relocation of unaccompanied children from Greece to Portugal and to Finland –
Questions and answers, 7 July 2020, available at: https://bit.ly/2OGowty.
UNHCR, Explainer: Relocation of unaccompanied children from Greece to other EU countries, 25 August
2020, available at: https://bit.ly/2Rrhwln
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