Skip Ribbon Commands
Skip to main content
Belgium
Country of Decision : Belgium
Court Name : BE: Council of State [Raad van State - Conseil d'État]
Date of decision : 28/06/2018
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : 241.990

Franck Leumegni (minor, Cameroon) vs Belgian State represented by the Ministry of Justice (Ministre de la Justice)

This case relates to the age assessment of a unaccompanied minor who requested asylum in Belgium.  The Court rules that the attribution of an age greater than one person to the one he claims to be his own seriously undermines his interests to the extent that he modifies a fundamental element of the identity of an individual and deprives him of , before the hour, all the measures of protection and the advantages which can be claimed in Belgium the minors The Court orders the suspension of the execution of the "decision of determination of the age of the minor applicant taken on January 29, 2018 by the Service of the Guardianship (and notified the 30/01/2018) which envisages the immediate appointment of a tutor and which considers that the date of birth declared by the person concerned can not be taken into consideration ".

Assessment of Application; Unaccompanied minors; Vulnerable Group;

National law only (in case there is no reference to EU law/ECHR);

EASO Annual Report on the Situation of Asylum in the EU

Belgium,BE: Council of State [Raad van State - Conseil d'État], Franck Leumegni (minor, Cameroon) vs Belgian State represented by the Ministry of Justice (Ministre de la Justice), 28/06/2018
BE: The Council of State rules on the age assessment of an unaccompanied minor.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=654