J.A.B. is a Cameroonian national, who arrived to Ceuta on 23 April 2016. After the police interrogation, he was taken to an adult detention center in Ceuta and, later on, in the Madrid. When being in Madrid, he received a birth certificate sent by his family. He requested a passport at the Embassy of Cameroon. When awaiting for his original passport, the Embassy issued him a consular identify card showing he was minor.
After obtaining the card, he communicated the authorities he was minor and he refused to undergo medical tests to determine his age. With the support of the organisation, Fundacion Raices, he requested the recognition of his minority; his transfer to a minor reception center; the declaration of his vulnerability; and the assumption of his guardianship by the minor protection authorities. In addition to his situation of vulnerability, in January 2017 he was diagnosed with several diseases.
At the end of January 2017, the authorities issued a decree declaring him an adult based on the facts that the birth certificate couldn’t be assesses as it was a photocopy; the consular identity card was issued once he was already in Spain; and his refusal to undergo the medical tests. In April 2017, the authorities issued an administrative resolution of expulsion. J.A.B appealed such decision based on the lack of recognition of the validity of his original and official documents issued by this country of origin, being left unprotected.
The Committee on the Rights of the Child examined the communication taking into account all the information provided by the parties and determined that:
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