Children under sixteen years of age from non EU countries fleeing to Germany unescorted and without a visa may apply for asylum. They must submit a petition for asylum immediately upon entry. That is to say, directly at the border, or at the airport. If this is not submitted at once it may be that the child will be sent back even if relatives or parents are waiting at the airport or on the other side of the barrier. If relatives, already living in Germany and are expecting the arrival of the child, they should petition on behalf of the child. Children under sixteen years of age have the right to be represented by a guardian if the parents are not present.
If the children are accepted as asylum seekers they are sent to children's' homes or youth communes, depending on their age. If the petition for asylum is rejected but the children have not been deported, they must normally leave school or break off their training, and also cannot legally work or be employed. Since the curtailment of aliens' rights at the beginning of 1997, many child refugees under 16 years of age have been turned away. However, they are still more readily accepted than children of 16 years and above. For this reason, border officials and asylum-decision makers more and more often doubt whether the children in question are still under 16 years of age. Valid papers, preferably a passport, national identity card or similar, are naturally favourable.
Still in some places, in order to determine the age of the children, the carpal bone is x-rayed, or in the case of boys, their testicles are measured. Essentially, all children, whether below or above 16 years, should resist against such procedures. Age is often estimated by 'inspection', and mainly if the child has no papers. If the border official assumes that the child is over 16, the child receives no guardian to accompany him/her and is treated as an adult.
© unlimited - Stadtratte, 99-07-22 - www.nadir.org/nadir/initiativ/migration/