and contact details on file, as well as explain to the support person the confidentiality of UNHCR RSD
procedures.
In some circumstances, Eligibility Officers may, however, decide that the presence of the support person
in the RSD Interview is not appropriate. In assessing the appropriateness of the participation of a support
person in the interview, Eligibility Officers should consider any specific needs and vulnerabilities of
the child Applicant, the nature of the relationship between the child Applicant and the support person,
as well as any factors indicating that the attendance of the support person would be likely to promote
or undermine the objectives of the RSD Interview (for more guidance on the participation of a support
person in a RSD Interview, see § 4.3.4 – Attendance by Third Parties other than Legal Representative).
(d) Legal Representation
All child Applicants, whether making a refugee status claim in their own right or applying for derivative
refugee status, have the right to engage the services of qualified legal representatives at their own cost or
on a pro bono basis where such services are available. Child Applicants should be informed of this right as
soon as practicable and UNHCR Offices should facilitate a child Applicant’s ability to exercise this right,
wherever possible, with the support and involvement of any other actors supporting the child (for further
guidance on legal representation see § 2.7 – Legal Representation in UNHCR RSD Procedures).
Where children are legally represented in RSD procedures, Eligibility Officers should communicate
with the child’s legal representative at the earliest opportunity or, at least, at the beginning of the RSD
Interview in order to obtain any relevant information regarding the child’s specific needs, including needs
relating to interpretation, access to premises, physical or mental health, in order to make the necessary
accommodations.
(e) Considerations Relating to Age
A child Applicant’s age may be relevant to the determination of their refugee claim, particularly where
they have international protection needs in their own right. Age may be relevant in the determination of a
claim for refugee status insofar as it gives rise to child-related manifestations of persecution and/or childspecific forms of persecution. In certain circumstances, young adults of 18 years of age or slightly older
may also exceptionally face similar risks upon return as children.9
Where age is a relevant consideration in the determination of an Applicant’s refugee status claim, it
should be examined in the same way as any other material element of the Applicant’s claim.
(f) Confidentiality and Data Protection
Like all asylum-seekers, children have the right to confidentiality in UNHCR RSD procedures and to the
protection of their personal data and should be informed of these rights (see also § 2.1 – Confidentiality and
Data Protection in UNHCR RSD Procedures). As a general rule, child Applicants require specific protection
as they may be less aware of the risks and consequences, as well as safeguards and rights, related to the
confidentiality of procedures and the processing of their personal data.
9
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For guidance on child-specific forms and manifestations of persecution, please see UN High Commissioner for
Refugees (UNHCR), Guidelines on International Protection No. 8: Child Asylum Claims under Articles 1(A)2 and 1(F) of
the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees, 22 December 2009, HCR/GIP/09/08,
available at: http://www.refworld.org/docid/4b2f4f6d2.html.
Procedural Standards for RSD under UNHCR’s Mandate
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