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29/04/2019
NO: The Court of Appeal ruled on the age assessment of unaccompanied minors

ECLI
Input Provided By
EUAA IDS
Source
LOVDATA
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
Norway, Court of Appeal [Lagmannsrettane], Applicants (Afghanistan) v Immigration Appeals Board (Utlendingsnemnda), LB-2018-20230, 29 April 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=737
Case history
Related cases:
Abstract

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.

Country of Decision
Norway
Court Name
NO: Court of Appeal [Lagmannsrettane]
Case Number
LB-2018-20230
Date of Decision
29/04/2019
Country of Origin
Afghanistan
Keywords
Access to procedures
Afghanistan
Assessment of Application
Minor