2.8.2 Best Interests Procedures and the RSD process Assessing the best interests of the child Applicant within the context of the RSD process generally requires that due regard is given to the child’s specific situation and needs. It is not always necessary to conduct a formal or separate assessment of the child’s best interests. Generally, recording on the file how the child’s best interests were assessed and made a primary consideration is sufficient. A separate best interest assessment (BIA)2 or a best interest determination (BID)3 may, however, be necessary in certain circumstances, such as where the decision to be taken is of particular weight. Where a BIA is needed for a protection concern, or where a BID is needed, this should be conducted by qualified Protection staff as part of the Best Interests Procedure.4 The outcome of this procedure should inform the RSD process to ensure that appropriate safeguards are put in place. As a general rule, in order to ensure that the best interests of the child are a primary consideration in decisions that affect them, child Applicants’ views should be sought throughout the RSD process. This may, for example, occur at the beginning of the RSD Interview, during counseling, at the registration Interview, as well as wherever the child Applicant’s consent or assent is sought in respect to sharing of personal data. Information about the child Applicant, whether obtained in the course of RSD process or other protection interventions by UNHCR, or provided by family members, primary or customary caregivers, the child’s legal representative, or UNHCR partners should also inform the RSD process. The use of any information regarding the child Applicant should respect the confidentiality of UNHCR procedures and data protection policies (see also § 2.8.4(d) – Confidentiality and Data Protection). As a general rule, a best interests assessment (BIA)5 should be conducted to determine the appropriateness of interviewing for RSD a child Applicant who is of young age6 (see also §§ 4.3.8 – Interviewing Child Applicants and 5.3.2 – Derivative Refugee Status Applications Involving Children). A BIA for these purposes may exceptionally be conducted by the Eligibility Officer to whom the case is assigned or a child-protection staff member. Depending on the child Applicant’s personal and contextual circumstances and the circumstances of the case, a BIA may also be conducted for other Applicants to assess whether pursuing a RSD Interview is in the child’s best interests. Such a BIA can also inform the selection of an appropriate interview environment and child-friendly and age-appropriate interviewing techniques and/ or recommend the presence of a support person to facilitate the child’s account. 74 2 A “best interests assessment” (BIA) is an assessment made by staff taking action with regard to individual children, except when a BID procedure is required, designed to ensure that such action gives a primary consideration to the child’s best interests. The assessment can be done alone or in consultation with others by staff with the required expertise and requires the participation of the child. 3 A “best interests determination” (BID) describes the formal process with strict procedural safeguards designed to determine the child’s best interests for particularly important decisions affecting the child. It should facilitate adequate child participation without discrimination, involve decision-makers with relevant areas of expertise, and balance all relevant factors in order to assess the best option. 4 In addition, the Best Interests Procedure should be followed with respect to actions relating to the overall care and protection of child Applicants with specific needs and/or significant protection concerns, regardless of their status in the RSD process. 5 This is not a formal process and, as a consequence, it does not require the use of the standard BIA Form. 6 Whether a child is too ‘young’ to undergo a RSD Interview will not only depend on the chronological age, but also his/her level of emotional and mental development and maturity. As such, it is not possible to provide a definitive age scale for the purposes of RSD interviewing. Procedural Standards for RSD under UNHCR’s Mandate