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Country of Decision : Norway
Court Name : NO: Court of Appeal [Lagmannsrettane]
Date of decision : 29/04/2019
Type : Judgment
Case Number/Citation/ Document Symbol : LB-2018-20230

Applicants (Afghanistan) vs Immigration Appeals Board (Utlendingsnemnda)

The case concerns the validity of five administrative decisions for five asylum seekers, all of whom were rejected for an application for protection and stay on humanitarian grounds. The main question is whether the decisions are based on the wrong fact when it comes to the age of the five applicants. The key is whether the applicants should be treated as children. Only the age rating is invoked as the ground of invalidity, they have all five waived other statements. The parties disagree as to which evidence requirements apply to the age rating. A special question is also to what extent the medical age surveys can provide guidance in the age assessment. There have also been objections to the case processing, including that medical age surveys were made.

Access to procedures; Afghanistan; Assessment of Application; Minor;

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


Norway,NO: Court of Appeal [Lagmannsrettane], Applicants (Afghanistan) vs Immigration Appeals Board (Utlendingsnemnda), 29/04/2019
NO: The Court of Appeal ruled on the age assessment of unaccompanied minors