Cap. 602 Art. 21Unaccompanied minors. 

(1) Any person who comes in contact with any person who claims to be an unaccompanied minor shall refer that minor to the

Principal Immigration Officer who shall thereupon notify the Director

(Child Protection) so that the latter registers such minor and issues an identification document for such minor within seventy-two (72) hours:

Provided that in the exercise of his functions in relation to unaccompanied minors according to this Act, the Director (Child

Protection) shall require the co-operation of the Chief Executive

Officer of the Agency for the Welfare of Asylum Seekers established according to regulation 3 of the Agency for the Welfare of Asylum Seekers Regulations:

Provided further that such co-operation shall take place in accordance with an agreement which may be reached between the Director (Child Protection) and said Chief Executive Officer, which agreement may include a delegation of responsibilities and powers given to the Director (Child Protection) under this Act.

(2) Immediately after the registration of the minor and the issuing of appropriate identification documents, the Director (Child

Protection)) shall request the Court to provide any provisional measure in terms of article 18(3) in regards to the care and custody of the minor according to the circumstances of the case and in the best interests of the minor and shall appoint a representative to assist the minor in the procedures undertaken in terms of the International Protection Act.

(3) The person or entity that is entrusted with the care and custody of the minor and the Court appointed representative shall be responsible for assisting and supporting the unaccompanied minor and in particular they shall:

(a) identify the persons or entities which may be involved in the care, custody and protection of the minor;

(b) coordinate the efforts of such persons or entities as identified by them;

(c) ensure that the minor is offered care, accommodation, education and medical care, as appropriate and without delay and whenever possible the minor shall not be placed in detention or in accommodation with persons who are not minors;

(d) ensure that the minor has suitable legal and judicial representation and assistance with regards to his residence status, his request for asylum, or for any other legal or administrative procedures, including those for the administration of his estate;

(e) ensure that all decisions in relation to the minor are taken in his best interests;

(f) submit the views of the minor in any court or before any administrative authority;

(g) provide explanations to the minor on the procedures that would be underway and to provide the minor with any other relevant information; and

(h) accompany and, or represent the minor during the age assessment process done by the Agency for the Welfare of Asylum Seekers and any other investigations and evaluations carried out in terms of sub-article (4).

(4) The Director (Child Protection) shall refer the unaccompanied minor to the competent authorities so that the latter may undertake those investigations and evaluations as they deem appropriate to determine whether the minor is in fact an unaccompanied minor and to trace his family, should this be in the best interests of the minor and is not prejudicial to the fundamental rights of the same unaccompanied minor.

(5) Upon receiving the conclusions of the investigations and evaluations from the competent authorities and these establish that the applicant is in fact an unaccompanied minor, the Director (Child Protection) shall, by application, request the Court to issue a protection order according to this Act and shall prepare a care plan that shall be filed with the said application:

Provided that when the investigations and evaluations from the competent authorities establish that the applicant is not an unaccompanied minor, the Director (Child Protection) shall, by application, request the Court to revoke its first decree and to provide according to the circumstances of the case.

(6) If the Court is satisfied that the indicated minor is in fact an unaccompanied minor and is satisfied that the care plan is appropriate in the minor’s circumstances, the Court shall authorise a protection order and may impose other conditions which the Court may deem appropriate including entrusting the minor in the care and custody of the Chief Executive Officer of the Agency for the Welfare of Asylum Seekers or such other competent authority or entity which the Court deems appropriate and this without the need to appoint a hearing.

(7) If the Court is not satisfied that the indicated minor is in fact an unaccompanied minor or is not satisfied that the care plan is appropriate, it shall appoint the hearing of the application within ten

(10) working days and in that same decree, the Court shall appoint curators in terms of article 930 of the Code of Organization and Civil

Procedure to represent both parents. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing:

Provided that in that hearing the Court shall hear the application, the evidence in support of such application, the person or entity entrusted with the care and custody of the minor and the appointed representative, the curators and any other person or ad litem persons which the Court deems appropriate and shall then pass on to give a final decision on the protection order and may impose any other conditions which the Court may deem appropriate including entrusting the minor in the care and custody of the Chief Executive Officer of the Agency for the Welfare of Asylum Seekers or such other competent authority or entity which the Court deems appropriate.

(8) Upon issuing a protection order as mentioned in sub-article (7), the Court shall thereupon refer the case to the Review Board for revision according to the provisions of this Act unless the care plan filed with the application provides for the relocation of the minor within the first four (4) months from the authorisation of the protection order:

Provided that when the care plan provides for the relocation of the minor, the Director (Child Protection) shall, by not later than four (4) months from the authorisation of the protection order, file an application in court to request the Court either to revoke the protection order and authorize the relocation or else to refer the case to the Review Board for revisions according to the provisions of this Act:

Provided further that when the case is referred to the Review Board according to the first proviso, the Review Board shall appoint the case for its first revision by not later than ten (10) working days.