residence of the referred person, a competent structure of the public health system or, in case the
aforementioned are not available, by a private qualified doctor, such as a paediatrician or pathologist and
a private trained psychologist and social worker, under a relevant programme.690 According to same
clause, the referral shall be made on the basis of the easiest, most accurate and fastest age determination.
The age assessment is conducted following three successive steps, unless a safe conclusion can be
drawn already at the first or second examination stage:
➢
Initially, the assessment is based on the individual’s macroscopic features (i.e., physical
appearance) such as height, weight, body mass index, voice, and hair growth, following a clinical
examination from properly trained healthcare professionals (i.e., physicians, paediatricians, etc.)
who will consider body-metric data.691
➢
In case the person’s age cannot be adequately determined through the examination of
macroscopic features, a psychosocial assessment is carried out by a psychologist and a social
worker to evaluate the cognitive, behavioural and psychological development of the individual
(second step). If a psychologist is not available or there is no functioning social service in the
nearest public health institution, this assessment can be conducted by a specially trained
psychologist and a social worker available from a certified civil society organisation but it cannot
be conducted by an organisation in charge of providing care or housing to the person whose age
is in question. The outcome of the age assessment at this point is a combination of the
psychosocial assessment and the examination of the development of macroscopic features. 692
➢
If a conclusion cannot be reached after the conduct of the above procedures, the person will be
subjected to the following medical examinations (last step): either left wrist and hand X-rays for
the assessment of the skeletal mass, or dental examination or panoramic dental X-rays or any
other appropriate means which can lead to a firm conclusion according to the international
bibliography and practice.693
According to Article 1(7) JMD 9889/2020, the opinions and evaluations are delivered to the entity
responsible for the referral, which then issues a relevant act to adopt the abovementioned conclusions,
registers the age in the database of Reception and Asylum, and notifies accordingly the General
Secretariat for Vulnerable Persons and Institutional Protection (former Special Secretary for UAMs). 694
After the age assessment procedure is completed, the individual should be informed in a language they
understand about the content of the age assessment decision, against which they have the right to appeal
in accordance with the Code of Administrative Procedure. The appeal has to be submitted to the authority
that issued the contested decision within 15 days from the notification of the decision on age
assessment.695 Also, as long as an age assessment procedure is pending, the person is considered a
child (presumption of minority).696
Concerning age assessment in the asylum procedure, Article 80(3) Asylum Code provides for procedural
safeguards and refers explicitly to ‘applicable regulatory procedures’, i.e., JMD 9889/2020. According to
the aforementioned provision, ‘when such a referral for age determination examinations is considered
necessary and throughout this procedure, attention shall be given to the respect of gender-related special
characteristics and of cultural particularities’.
The provision also sets out guarantees during the procedure:
690
691
692
693
694
695
696
See Art 4 JMD 9889/2020.
See Article 1(5)(a) JMD 9889/2020.
See Article 1(5)(b) JMD 9889/2020.
See Art 1(5)(c) JMD 9889/2020. Contrary to MD 92490/2013 and JMD 1982/2016 which provided for left wrist,
hand X-rays, dental examination and panoramic dental X- rays cumulatively and not alternatively.
See Presidential Decision 77/2023 (Government Gazette A' 130/ 27-06-2023), available in Greek at:
https://bit.ly/4b7MkL8.
See Article 1(9) of JMD 9889/2020.
Article 1(11) of JMD 9889/2020.
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