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Organisations / Bodies / Institutions Archives: National Court / administrative body

R.T.A v. The Agency for the Welfare of Asylum Seekers (Malta), Ref. 22L-008, 16 May 2023

In this case, the appellant lodged an age assessment appeal regarding Article 25A(7) of the Immigration Act, Chapter 217 of the Laws of Malta. The Immigration Appeals Board Division II however found that, given (a) the lack of authentic documentation from the appellant, (b) his physical appearance suggesting adulthood, (c) a bone age test, the appellant failed to prove beyond doubt that he is not an adult, and thus denied the appeal.

Source: here

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M.K v. The Agency for the Welfare of Asylum Seekers (Malta), Ref. AA.10.23, 16 May 2023

In this case, the appellant lodged an appeal regarding his age assessment regarding Article 25A(7) of the Immigration Act, Chapter 217 of the Laws of Malta. The Immigration Appeals Board Division considered the bone age test conducted by the Agency for the Welfare of Asylum Seekers. However, given the high margin of error of these tests of 2-3 years and the lack of accuracy when looking at physical traits, the IAB Div I determined a holistic approach was most appropriate to determine the age of the appellant. As such, looking at the appellant’s date of birth as written on his vaccine card, birth certificate, and school certificate, IAB Div I concludes that the appellant was a minor and that AWAS had wrongly issued a decision using imprecise research.

Source: here

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