Skip to content
Back to overview
mustafaahmed3211

Unaccompanied minor (16) with former permanent residence in Sweden – asylum & Dublin question

Hello,

My name is Mustafa Hassan Ahmed. I am 16 years old, born on 12 December 2009. I am writing to ask for legal information about my situation, specifically whether I can apply for asylum in Germany and whether the Dublin Regulation applies to me.

Before living in Sweden, my family and I waited for about two years in Addis Ababa. During this time, we were interviewed and processed by the Swedish Embassy. After this process, I was granted permanent residence in Sweden I did not apply for asylum myself.

I entered Sweden legally with permanent residence through family reunification after my older brother was granted protection. I lived in Sweden for around three years. I attended school, was well integrated, spoke Swedish and English, and played football in clubs.

In 2020, when I was 10 years old, my mother took me and my younger brother out of Sweden under false information, telling us we were only going to visit our sick grandmother and would return. We did not return. I did not consent to leaving Sweden and had no access to Swedish authorities. My residence permit was later revoked without my knowledge because my mother did not comply with return deadlines. I was a minor and unable to act independently.

While outside Europe, I was detained for several years in a religious facility, subjected to physical abuse, and denied education. I had no phone, no documents, and no possibility to contact authorities. Later, I appealed the Swedish decision, but all appeals were rejected and the case is now closed.

I am still a minor. My siblings now hold Swedish citizenship. I currently face serious safety risks in my home country due to political and clan-related threats connected to my family. My father is in hiding for security reasons.

My questions are:

  1. As a 16-year-old minor, can I apply for asylum in Germany?
  2. Does the Dublin Regulation apply to me, considering I never applied for asylum before and previously lived in Sweden with permanent residence?
  3. Does the fact that I was taken out of Sweden as a child without consent affect Dublin responsibility?
  4. What special protections apply to unaccompanied or separated minors in my situation?

Thank you very much for your time and guidance.

Kind regards,
Mustafa Hassan Ahmed

2 Comments

Reply (2)

v.lafourcade
Updated:

@LIFE_Initiative 

Reply
Profile Picture
LIFE__Initiative

Hi @mustafaahmed3211 , thank you for your inquiry. I'm sorry to hear about your difficult situation. These answers are provisional, as we do not know your exact situation and cannot give legal advice.

As an unaccompanied minor in Germany, the Youth Welfare Office (Jugendamt) takes care of you if you do not have relatives in Germany. You will be assigned a so-called “guardian” (Vormund) who handles all your legal matters on your behalf. The guardian is on your side and looks after your needs. This is usually an employee of the youth welfare office. Your legal representative (guardian) can then apply for asylum on your behalf. You do not have to pay anything for the legal representative (guardian).  As an unaccompanied minor, you normally cannot be deported. The Dublin Regulation usually does not apply to you either. Here you can find more information: https://handbookgermany.de/en/under-18#faq_1456 

What can you do next?

 

I hope this information is helpful for you. If you have further questions, please let me know. 

Kind regards, Franziska

Reply
A project by:
  • project by hbg
  • Funded by the European Union Logo
  • Funded by the Federal Ministry of the Interior and Homeland Logo
  • Funded by the Federal Government Commissioner for Migration, Refugees and Integration and the Federal Government Commissioner for Anti-Racism Logo
Funded by:
  • International Rescue Committee Logo