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Belgium
Country of Decision : Belgium
Court Name : BE: Council of State [Raad van State - Conseil d'État]
Date of decision : 09/12/2019
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : 246.340

Diallo Mamadou Mouctar (Guinea) vs Belgium

In this case the applicant, a Guinean national, declared himself a refugee on 4th February 2019. He declared he was born on January 4th 2002, so he was taken in charge by the Guardianship service as an unaccompanied minor. However, the Immigration Office raised some doubts about his real age because of his physical appearance, and requested that a medical examination be carried out. The medical examination concluded the age of the aplicant to be 26.7 years old. Based on that, the Immigration Office decided to cease the Guardianship as the applicant didn't meet the conditions to benefit from the designation of a tutor. The applicant appealed that decision.

Age assesment ; Assessment of Application; Minor;

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

EASO IDS

Belgium,BE: Council of State [Raad van State - Conseil d'État], Diallo Mamadou Mouctar (Guinea) vs Belgium, 09/12/2019
BE: Council of State ruled on the cease of guardianship based on the age assessment carried out.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=906