Family unity always in children’s best interest – UNHCR on refugee child relocation

The United Nations High Commissioner for Refugees' office in Malta has clarified its role as a facilitator in the relocation of an Eritrean refugee family to Switzerland, after a court revoked a prohibitory injunction that threatened to stop a five-year-old girl from leaving the island.

The family's daughter had been in the care of Maltese woman since the age of four months, and the 35-year-old carer felt the child needed more time to reintegrate into her natural family before hastily departing for Switzerland on a unique relocation opportunity.

"As a general rule, UNHCR considers family unity to be in the best interest of the child. This approach is based on international law principles," spokesperson Fabrizio Ellul said.

Although the agency said it understood the public interest in the case, Ellul said UNHCR could not comment in any further detail about an individual case.

"We have of course noted the decision by the court, including as regards the conclusions and recommendations by the appointed psychologist which are in line with UNHCR's assessment.

"According to UNHCR guidelines it is only in cases of severe abuse and neglect that separation of a child from the parents should be considered and referred to the appropriate authorities," Ellul said.

The UNHCR is not the decision-maker as to who gets relocated from Malta to other countries, but identifies, counsels and refers potential candidates for such relocation programmes that fall under bilateral agreements with the Maltese government.

"It is the receiving countries in cooperation with the Maltese authorities, together with the individuals concerned, who take the final decision about relocation. UNHCR's only interest is the protection of refugees and their access to solutions, be it in Malta or in any other context," Ellul said.

"As always we urge caution from all interested parties about drawing conclusions regarding individual cases on the basis of incomplete, and at times misleading, information that may circulate in the public domain."

The report of a child psychologist proved determining in revoking an interim injunction against the departure of a five-year-old Eritrean to Switzerland with her biological parents.

The prohibitory injunction and an application for temporary custody were filed by the 35-year-old woman in a last-ditch attempt at securing more time for the child's reintegration with her family before leaving the island.

The woman had cared for the child since the tender age of four months, on the basis of a private understanding with the mother when her family was residing in the Hal Far open centre.

But psychotherapist David Grillo's report proved crucial in convincing Judge Abigail Lofaro that both missing on relocation to Switzerland, and being uprooted without preparation, would have been damaging to the child.