GCR is also aware of the case of an unaccompanied minor who applied to be reunited with his uncle who is a German citizen. His application was rejected in 2021 by the German authorities because, according 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. 495 GCR is not aware of such cases in 2024 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, 496 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: 497 ❖ 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. ❖ 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. ❖ 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 interview’. Prior to the transfer, the selected minor was accommodated to transitional facilities run by IOM, for the necessary administrative procedures and medical examinations take place. A minor’s case is not definitively excluded from the relocation programme should the case not be accepted by a Member State. On the contrary, the applicant is internally proposed to another State for relocation. A person is excluded only if they refuse in writing to be transferred to the Member State which has 495 496 497 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 96

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