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Belgium
Country of Decision : Belgium
Court Name : BE: Council of State [Raad van State - Conseil d'État]
Date of decision : 11/10/2018
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : 242.623 A. 225.182/XI-22.070

Thierno Amadou Bah (minor) vs Belgian State (represented by the Minister of Justice)

This case concerns implications for guardianship when the age of a unaccompanied minor who requested asylum in Belgium is questioned.  The Court ruled that it falls to the Guardianship Service to "establish [s] the end of the guardianship" and to inform the persons and authorities concerned in writing. Consequently, in deciding immediately to reject the date of birth declared by the applicant on the ground that "it is below the lower margin of error defined by the medical test" and thus necessarily retaining, even without specify it, another date of birth, necessarily fictitious, that declared, the authority has made a manifest error of assessment and exceeded its jurisdiction to identify the unaccompanied foreign minors.

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], Thierno Amadou Bah (minor) vs Belgian State (represented by the Minister of Justice), 11/10/2018
BE: Council of State rules on implication for guardianship during age assessment

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=655