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09/12/2019
BE: Council of State ruled on the cease of guardianship based on the age assessment carried out.

ECLI
Input Provided By
EUAA IDS
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
Belgium, Council of State [Raad van State - Conseil d'État], Diallo Mamadou Mouctar (Guinea) v Belgium, 246.340, 09 December 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=906
Case history
Related cases:
Abstract

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.

Country of Decision
Belgium
Court Name
BE: Council of State [Raad van State - Conseil d'État]
Case Number
246.340
Date of Decision
09/12/2019
Country of Origin
Guinea
Keywords
Age assessment
Assessment of Application
Minor