Language Switcher

Navigation

Key Words Archives: Right to a fair hearing

Case No. 9836/2016 before the Supreme Administrative Court of the Republic of Bulgaria, Ruling No. 10872 of 18 October 2016

On 05/09/2022 in

The ruling concerns the right to legal representation and to a lawyer of two detained unaccompanied migrant children (12 and 14 years old) who, as minors, did not have the legal capacity to sign a power of attorney of a lawyer (this must be done by their legal representative and they had none assigned). The first instance court had not admitted for review the appeal against their detention order on the ground that the lawyer was not properly authorized by the children. The Supreme court, however, invoked the best interests of the child principle, appointed ex officio the lawyer chosen by the children as their lawyer in the case and admitted their appeal against the detention order for review.

Source: official link

Continue Reading

Case No. 4420/2011 before the Sofia City Administrative Court, Ruling No. 2263 of 25 May 2011

On 05/09/2022 in

The Court ordered unconditional release from detention of an accompanied migrant child. The case was initiated using the remedy of defence against factual unlawful action (detention). The court accepted the complaint that the permissible period of the minor’s detention (3 months) had passed and therefore the child’s detention lacked any legal basis.

Source: PDF with the case

Continue Reading

Decision issued on 18/3/2021 by the Comamnder of Lesvos Reception and Identificatin Center (RIC) of 18 March 2021

On 05/04/2022 in

The decision accepted the applicant’s appeal and decided to revoke the previous decision on the age and refer the applicant a minor, to an age assessment under the legal procedure (under the provisions of JMD 9889/2020 in stages). The minor from Afghanistan had been assessed as an adult, without the evaluation taking place in stages as the law describes.

Official source link: [PDF] -> attachments: Greece-Age Assessment_PDF 5

Continue Reading

Decision on appeal at Second Instance (asylum procedure) by Appeals Authority of 4 June 2021

On 05/04/2022 in

The Committee decided to postpone the adoption of a decision on the age of the applicant and to refer the applicant, a minor, to an age assessment under the legal procedure. The minor from Afghanistan was residing in Lesvos RIC and had been wrongfully assessed as an adult, without taking into consideration the statements of the applicant, his birth certificate and without being clear if the stages of the age assessment described by the JMD 9889/2020 were followed.

Official source link: [PDF] -> attachments: Greece-Age Assessment_PDF 2

Continue Reading

Decision issued on 18/3/2021 by the Commander of Lesvos Reception and Identification Center (RIC)

On 23/03/2022 in

The decision accepted the applicant’s appeal and decided to revoke the previous decision on the age and refer the applicant a minor, to an age assessment under the legal procedure (under the provisions of JMD 9889/2020 in stages). The minor from Afghanistan had been assessed as an adult, without the evaluation taking place in stages and without an estimated range of age by the pediatric.

Official source link: [PDF] -> attachments: Greece_PDF 4

Continue Reading