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D.K.N. v. Spain, Communication No. 15/2017, 1 February 2019

This case concerns a citizen of Ghana who arrived in Spain in an irregular manner in 2016 stating that he is a minor and presenting a Ghanaian birth certificate. The Spanish authorities deemed this document to be invalid and ordered that the applicant undergo medical testing to assess his age. On the basis of the medical test results, the applicant had been found to be over 18 years old and a removal order was issued against him. The applicant maintained that during the procedure his right to be heard under Article 12 of the Convention was violated, a claim that was not found to be sufficiently substantiated by the Committee, as through objective evidence it was observed that the assessment of his age and the decision taken occurred after a lawyer was assigned to him and at the time of the forensic medical examination he was accompanied by a teacher from the child protection centre where he was housed.

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