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Key Words Archives: Right to be heard

Council of Europe Parliamentary Assembly: A study of immigration detention practices and the use of alternatives to immigration detention of children

This study from the Council of Europe Parliamentary Assembly (PACE) provides an overview of issues relating to immigration detention practices, and promotes the use of alternatives to immigration detention of children (ATDs). The study argues that the main idea behind ATDs is identifying options which provide state authorities with a degree of control over asylum seekers while allowing for a basic freedom of movement. ATDs need to be regulated in order to avoid the arbitrary imposition of restrictions on liberty or freedom of movement and, even when alternatives apply, access to legal aid should be given to migrants, especially to children.

Source: official link

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EASO, Practical Guide on Age Assessment (2nd edition)

The EASO Practical Guide on Age Assessment acknowledges, inter alia, that the benefit of the doubt in age determination procedures is a key principle and safeguard since none of the currently available methods of age assessment can determine a specific age with certainty. So, if after the age assessment remains the doubt that the individual could be a child, they should be treated as such.

Source: official link

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Case No. 10794/2016 before the Sofia City Administrative Court, Judgment No. 8426 of 30 December 2016

The asylum authorities had detained an unaccompanied asylum seeking child on the ground that it was in the interest of his own safety as he had taken part in fights with other asylum seekers at the reception centre. However, the court repealed the detention order highlighting that detention should be a measure of last resort. The court noted that the child had not been heard during the administrative procedure and neither his legal representative, nor a social worker had taken part in the procedure.

Source: PDF with the case

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EASO, Practical Guide on Age Assessment (2nd edition)

The EASO Practical Guide on Age Assessment acknowledges, inter alia, that the benefit of the doubt in age determination procedures is a key principle and safeguard since none of the currently available methods of age assessment can determine a specific age with certainty. So, if after the age assessment remains the doubt that the individual could be a child, they should be treated as such.

https://www.easo.europa.eu/publications/easo-practical-guide-age-assessment-second-edition

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Council of Europe Parliamentary Assembly: A study of immigration detention practices and the use of alternatives to immigration detention of children

This study from the Council of Europe Parliamentary Assembly (PACE) provides an overview of issues relating to immigration detention practices, and promotes the use of alternatives to immigration detention of children (ATDs). The study argues that the main idea behind ATDs is identifying options which provide state authorities with a degree of control over asylum seekers while allowing for a basic freedom of movement. ATDs need to be regulated in order to avoid the arbitrary imposition of restrictions on liberty or freedom of movement and, even when alternatives apply, access to legal aid should be given to migrants, especially to children.

https://edoc.coe.int/en/migration/7533-a-study-of-immigration-detention-practices-and-the-use-of-alternatives-to-immigration-detention-of-children.html

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Case No. 10794/2016 before the Sofia City Administrative Court, Judgment No. 8426 of 30 December 2016

The asylum authorities had detained an unaccompanied asylum seeking child on the ground that it was in the interest of his own safety as he had taken part in fights with other asylum seekers at the reception centre. However, the court repealed the detention order highlighting that detention should be a measure of last resort. The court noted that the child had not been heard during the administrative procedure and neither his legal representative, nor a social worker had taken part in the procedure.

Official source link: [PDF] -> attachments: Bulgaria_PDF 2

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