11.01.2013 Views

legal and social conditions for asylum seekers and refugees in ...

legal and social conditions for asylum seekers and refugees in ...

legal and social conditions for asylum seekers and refugees in ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Child care<br />

There is no specific child care <strong>for</strong> the children of <strong>asylum</strong> <strong>seekers</strong> <strong>and</strong> parents must there<strong>for</strong>e<br />

make their own arrangements.<br />

Unaccompanied m<strong>in</strong>ors<br />

There are no special reception facilities <strong>for</strong> unaccompanied m<strong>in</strong>ors without families <strong>in</strong><br />

Luxembourg. In practice, they are accommodated <strong>in</strong> various <strong>in</strong>stitutions <strong>for</strong> m<strong>in</strong>ors throughout the<br />

country.<br />

Unaccompanied m<strong>in</strong>ors may be allocated a guardian by the “juge des tutelles”, a special judge<br />

appo<strong>in</strong>ted by the Childrens’ Court, responsible <strong>for</strong> guardianship issues. The guardian may be a<br />

family member or a <strong>social</strong> worker (<strong>for</strong> example from Caritas). In addition, all m<strong>in</strong>ors are<br />

automatically appo<strong>in</strong>ted a lawyer to represent them at all stages of the <strong>asylum</strong> procedure.<br />

Most of the 22 unaccompanied m<strong>in</strong>ors registered <strong>in</strong> 1999 were m<strong>in</strong>ors aged 16-17, with family<br />

members liv<strong>in</strong>g <strong>in</strong> Luxembourg, who could take care of them.<br />

Health/sickness<br />

Asylum <strong>seekers</strong> are entitled to free medical assistance <strong>and</strong> may choose their own doctor.<br />

Expenses are met by the CGE on the same basis as <strong>for</strong> nationals, which means that <strong>asylum</strong><br />

<strong>seekers</strong> have to pay a contribution to the costs. In some cases, the CGE may grant additional<br />

support to cover this contribution. For dental treatment, <strong>asylum</strong> <strong>seekers</strong> are required to pay<br />

approximately 30% of the costs.<br />

Freedom of movement<br />

Asylum <strong>seekers</strong> may travel freely with<strong>in</strong> Luxembourg, but may not leave the country.<br />

Repatriation<br />

Asylum <strong>seekers</strong> who wish to repatriate whilst their application is pend<strong>in</strong>g can be assisted <strong>in</strong> so<br />

do<strong>in</strong>g by the CGE <strong>and</strong> the International Organization <strong>for</strong> Migration (IOM). Generally, they will be<br />

asked to confirm <strong>in</strong> writ<strong>in</strong>g that they withdraw their claim. If their departure is certa<strong>in</strong>, they will be<br />

issued with an authorisation to stay <strong>in</strong> the country, valid until the date of departure.<br />

S<strong>in</strong>ce April 2000, <strong>asylum</strong> <strong>seekers</strong> from the Balkans, either <strong>in</strong> the procedure or after rejection of<br />

their claim, have been able to receive f<strong>in</strong>ancial assistance, the amount of which varies as follows,<br />

accord<strong>in</strong>g to when repatriation takes place:<br />

Date of repatriation Adult Child<br />

Dur<strong>in</strong>g the procedure LUF 48,000 EUR 1,190 LUF 24,000 EUR 595<br />

With<strong>in</strong> 3 months after rejection LUF 48,000 EUR 1,190 LUF 24,000 EUR 595<br />

With<strong>in</strong> 3-5 months after rejection LUF 32,000 EUR 793 LUF 16,000 EUR 793<br />

With<strong>in</strong> 5-6 months after rejection LUF 16,000 EUR 397 LUF 8,000 EUR 198<br />

In pr<strong>in</strong>ciple, rejected <strong>asylum</strong> <strong>seekers</strong> who repatriate later than six months after notification of the<br />

f<strong>in</strong>al rejection are not entitled to any f<strong>in</strong>ancial assistance.<br />

In August 1999, the Luxembourg government adopted a repatriation programme <strong>for</strong> persons from<br />

Kosovo, which <strong>in</strong>cluded follow<strong>in</strong>g measures:<br />

– one-off payment of a sum equal to three times the monthly basic allowance;<br />

190<br />

Luxembourg

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!