Unaccompanied youths and children who enter Malta illegally and ask for asylum should have their claim assessed within six months while detention should be avoided at all costs.

This was decided by the EU Commission in Brussels when it announced a new action plan earlier this week aimed at protecting unaccompanied minors entering the EU.

In 2008, Malta had almost 200 cases of illegal immigrants who claimed to be under-18 and asked for protection, according to the latest available statistics provided by the European Migration Network. Many, particularly those in the 16-18 age bracket, were later found to be adults and had falsely declared to be underage to increase their chances of getting a positive decision on their asylum application.

The highest number of those who claimed to be under 18 in 2008 were Somalis (106) followed by Nigerians (36) and Ghanaians (23) and 34 of the unaccompanied minors said they were under-13.

Setting new common standards to be adopted across the 27 member states, the European Commission said the new action plan envisaged that the best interest of the child should be the primary consideration of all action taken for unaccompanied minors.

“Every effort should be made to find the family of the child and to reunite the child with his or her family provided this is in the best interest of the child,” the rules state.

“Child-specific reception measures and procedural guarantees should apply from the moment the child is found at the external border or within a member state until a durable solution is found. Guardianship and legal representation of the child are of crucial importance.”

Unlike normal asylum claims, which might take years to be processed, children should be given priority. “A decision on the future of each child should be taken within the shortest possible period, preferable within six months,” the action plan says. Unaccompanied minors “should always be placed in appropriate accommodation and not in detention centres.”

Announcing the initiative, Home Affairs Commissioner Cecilia Malmström said it was paramount all EU member states committed to grant high standards of reception, protection and integration to unaccompanied minors.

“We must focus on tracing the families of minors entering the EU alone and we must grant return conditions allowing them to reunify with their relatives,” she said.Malta already gives certain priority to children when it comes to assessing asylum applications.

However, the new action plan sets new timeframes to expedite the process and puts more pressure on the Office of the Commissioner for Refugees.

According to Eurostat, last year Malta had the highest number of asylum claims per capita in the EU – 5,800 per million inhabitants – and granted the highest number of positive decisions: 65 per cent. On the other hand, the EU had an average of 520 applications per million inhabitants and the percentage of positive decisions stood at 27 per cent.

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Times of Malta