The work of Nidos Working process in relation to UMA’s and Dublin

IntroductionSpeaker: Germa Lourens, guardian and Dublin official at Nidos

Summary •Nidos as the legal guardian for UMA’s in the Netherlands; •Nidos’ role in Dublincases; •Concrete cases; •Conclusions and recommendations.

Nidos as the legal guardian

•One organization for guardianship for UMA’s in the Netherlands;

•Nidos is appointed as guardian by the Juvenile Court;

•Guardianship is immediately organized upon arrival of an UMA in the Netherlands;

•Nidos is a professional organization - all guardians have a Bachelor degree in Social Work

•Head office in Utrecht;

•Seven regional offices;

•Five special teams.

Different guardianship measures

Several measures:

•(temporary) guardianship for UMA’s;

•Provisional guardianship for children with parents;

•Family guardianship.

These measures are laid down in the Dutch Civil Code.

Mission of the guardian

The duty of the guardian is:

•Give the interest of the child the highest priority;

•Assisting an UMA towards independency;

•Intervene when the development of the child is threatened in any way.

Accommodation for UMA’s

•Foster family; (roughly 0 – 14 years);

•Process Reception Location (roughly > 14);

•Protected shelter (victims of trafficking).

Special attention for Dublin

Why?

• Experiences of UMA’s in other EU MS;

• Nidos’ obligation to transfer the guardianship to another guardian based on the Dutch Civil Code.

Nidos’ role in Dublin-cases

• Obligation to transfer the guardianship (based on the Civil Code);

• Investigating the actual situation after a transfer (guardianship and accommodation);

• Sometimes resisting a transfer if there are no guarantees;

• “Dublin-pool” with lawyers and psychologists.

Family reunification under the Dublin Regulation

•Working closely together with the Dutch authorities (IND, unit Dublin);

•Role of Nidos in relation to UMA’s with family members elsewhere;

•Role of the IND in these cases;

•Nidos transfers the relevant information about the development of a child.

Concrete cases:

Sixteen year old Afghan boy with a brother in Norway;

One year old twins in Greece.

European project: “Dublin support for guardians”

•Project with France Terre D’Asile and Caritas Belgium;

•Aims to provide concrete information for guardians;

•Nidos provides with a helpdesk for guardians from other EU MS.

Observations so far

• Different interpretation of the judgment MA & others;

• Tracing (art 6-4 Dublin III);

• Individual assessment.

Challenges

• Little time for assessing the child’s best interest;

• No judicial review by radically decisions;

• No legal remedy by a rejection on a request based on 8-1 or 8-2 Dublin III;

• Dilemma’s in cases of reunification concerning minors with family members in EU MS like for example Italy.

Thank you for your attention !