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 (see in JMD 1982/16.02.2016). The minor from Syria was residing in Kos RIC and had been wrongfully assessed as an adult, after taking only into consideration an X-ray of his left hand and documents lodged by the applicant.
Key Words Archives: Right to a fair hearing
Decision by the 5th Comittee of the Appeals Authority on 2 June 2021
On 23/03/2022 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, after taking into consideration the statements of the applicant, his birth certificate and the stages of the age assessment decision, which were not examined in the initial procedure of the age assessment.
Case No. 9836/2016 before the Supreme Administrative Court of the Republic of Bulgaria, Ruling No. 10872 of 18 October 2016
On 26/01/2022 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.
Case No. 4420/2011 before the Sofia City Administrative Court, Ruling No. 2263 of 25 May 2011
On 18/01/2022 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.
UN Committee on the Rights of the Child (CRC), A.L. v Spain, Communication 016/2017, Adoption of views, 31 May 2019
On 21/10/2021 in
The Committee recalls that the assessment of the age of a young person who claims to be a minor is of fundamental importance, as the outcome determines whether that person will be entitled to or excluded from national protection as a child. Similarly, the enjoyment of the rights set out in the Convention flows from that determination. It is therefore imperative that there be due process to assess a person’s age, as well as the opportunity to challenge the outcome through an appeals process. While that process is underway, the person should be given the benefit of the doubt and treated as a child. The best interests of the child should be a primary consideration throughout the age determination process.
R.K. v. Spain, Communication No. 27/2017, 18 September 2019
On 21/10/2021 in
The Committee recalls that the assessment of the age of a young person who claims to be a minor is of fundamental importance, as the outcome determines whether that person will be entitled to or excluded from national protection as a child. Similarly, the enjoyment of the rights set out in the Convention flows from that determination. It is therefore imperative that there be due process to assess a person’s age, as well as the opportunity to challenge the outcome through an appeals process. While that process is under way, the person should be given the benefit of the doubt and treated as a child. The best interests of the child should be a primary consideration throughout the age determination process.
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