This database entry is part of a case-law database: EU: Standards and Case-law on (alternatives to) detention of migrant children.

District Court of Radom, decision V Kz 580/23, 17 November 2023

A 16-year-old Somali migrant child, applying for international protection in Poland, was wrongfully detained in a guarded centre after the Border Guard based her age solely on a wrist X-ray. Despite her declaration of being a minor and presenting a marriage certificate, the X-ray  determining her as an adult. She had no legal means to challenge the decision. Under Polish law, unaccompanied minors seeking protection should be placed in foster care. The District Court ruled in her favour establishing that she is a minor, and ordered her release.

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