EUROPEAN UNION AGENCY FOR ASYLUM
When faced with such a situation, you should ascertain how the country of former habitual
residence is determined in your national context while keeping in mind that the best interests
of the child should be a primary consideration.
Related EUAA publication
For further information on how to apply the best interests of the child within the asylum
procedure, see EASO, Practical guide on the best interests of the child in asylum
procedures, 2019.
There are different ways in which the best interests of the child may be considered in the
asylum procedure, for example in the way the concept of family unity is implemented.
Examples of considering the bests interests of stateless children when
applying the concept of family unity
•
Some EU+ countries consider the parent’s country of reference as being the same for
the child(ren), regardless of whether the parents are granted international protection.
This may allow the parents who have not been granted international protection to
request family reunification with their child where the latter is a beneficiary of
international protection.
•
Some EU+ countries use more favourable provisions in assessing the need for
international protection of the child by considering the country of former habitual
residence of the parent who has been granted international protection.
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