Małoletni bez opieki ubiegający się o ochronę międzynarodową. Rola kuratora

Unaccompanied minor asylum seeker. The role of the curator

The article analyses the role of a curator of an unaccompanied minor asylum seeker. This paper concerns the adequacy of existing regulations and international standards for their practical application at the national level.

The study raises the issue of the growing number of unaccompanied minors reaching Europe and draws attention to the various definitions of an unaccompanied minor asylum seeker. This article describes the principles of proceedings for granting international protection and refers to the specificity of the proceedings with an unaccompanied minor asylum seeker. It is noted that this proceedings is almost identical, regardless of the age of the applicant. Meanwhile, the proceedings with the unaccompanied minor applicant  should be characterized by specific rules, mainly derived from the Convention on the Rights of the Child and the recommendations of the UN High Commissioner for Refugees. The complexity of guardianship of the unaccompanied minor applying for international protection is emphasized. The attention is drawn to the special situation of an unaccompanied minor who is a foreigner, he / she should be surrounded with proper care – in matters concerning education, law or psychological assistance.

Finally, conclusions are formulated regarding the need for effective implementation at the national level of existing regulations and international standards through, inter alia, introduction of a professional guardian institution with clearly defined qualifications and appropriate mechanisms to control the actions taken by him.