The applicant, a Lebanese national, entered Malta by boat on 22 September 2022. On 25 September 2022, the Principal Immigration Officer (PIO) was informed that the applicant wished to voluntarily return to Lebanon. On 1 November 2022, the applicant informed PIO that he was minor, and he wished to apply for asylum. A detention order was issued for the applicant on 2 November 2022 while on the same day the applicant informed the authorities that he was born in 2006 instead of 2004. 

The applicant contested the decision, claimed that he changed his date of birth out of fear that he would be separated from his brother and that he was minor. According to PIO, this fear was not justified given that there were other siblings on the same boat which were immediately grouped together.

The Immigration Appeals Board considered that the Agency for Welfare of Asylum Seekers (AWAS) must carry out an age assessment, including a bone test, to determine the applicant's age. AWAS was also instructed to appoint a legal guardian and to ensure that the applicant is kept in appropriate accommodation given his declaration of minority.