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.
Sources Archives: Case-law
Decision No. 19885/2020 before the single member Committee of the Appeals Authority of 11 August 2020
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 (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.
Decision on appeal at Second Instance by Appeals Authority of 4 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, 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_PDF 2
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.
The District Court in Olsztyn, decision VII Kz 420/20
On 03/03/2022 in
The Court stated that the Polish Border Guard groundlessly assumed the friend of a seventeen-year-old is his legal guardian which led to the latter being unlawfully detained for several months.
Official source link: (PDF)->attachments: Poland_PDF 6
Case No. 18192/2011 before the Sofia District Court, Judgment of 05 April 2012
On 26/01/2022 in
With this judgment an unaccompanied asylum-seeking child was placed in a family-type accommodation center for children and young people aged 7 to 18 years in preparation for reintegration into a family environment. The court took into consideration that the child lacked shelter, financial support, relatives or any other close people who can support the child, as well as the fact that the child’s return to Afghanistan imposed a risk to his life, because there were no relatives or adults able to provide him with adequate care.
https://legalacts.justice.bg/Search/Details?actId=ZqqVTCvgj0s%3D