6.

The best interests of the child shall be a primary consideration for Member States when implementing this Directive. Where Member States, in the course of the asylum procedure, identify a person as an unaccompanied minor, they may: apply or continue to apply Article 31(8) only if: the applicant comes from a country which satisfies the criteria to be considered a safe country of origin within the meaning of this Directive; or the applicant has introduced a subsequent application for international protection that is not inadmissible in accordance with Article 40(5); or the applicant may for serious reasons be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law; apply or continue to apply Article 43, in accordance with Articles 8 to 11 of Directive 2013/33/EU, only if: the applicant comes from a country which satisfies the criteria to be considered a safe country of origin within the meaning of this Directive; or the applicant has introduced a subsequent application; or the applicant may for serious reasons be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law; or there are reasonable grounds to consider that a country which is not a Member State is a safe third country for the applicant, pursuant to Article 38; or the applicant has misled the authorities by presenting false documents; or in bad faith, the applicant has destroyed or disposed of an identity or travel document that would have helped establish his or her identity or nationality. Member States may apply points (v) and (vi) only in individual cases where there are serious grounds for considering that the applicant is attempting to conceal relevant elements which would likely lead to a negative decision and provided that the applicant has been given full opportunity, taking into account the special procedural needs of unaccompanied minors, to show good cause for the actions referred to in points (v) and (vi), including by consulting with his or her representative; consider the application to be inadmissible in accordance with Article 33(2)(c) if a country which is not a Member State is considered as a safe third country for the applicant pursuant to Article 38, provided that to do so is in the minor’s best interests; apply the procedure referred to in Article 20(3) where the minor’s representative has legal qualifications in accordance with national law. Without prejudice to Article 41, in applying Article 46(6) to unaccompanied minors, Member States shall provide at least the guarantees provided for in Article 46(7) in all cases.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.