FORGOTTEN Administratively detained irregular migrants and asylum seekers The Greek Ombudsman in his findings on the issue of age assessment of unaccompanied minors has made the following recommendation: «The broadening, mutatis mutandis, of the scope of the abovementioned Ministerial Decision (92490/2013) οn the age determination of all unaccompanied minors who claim to be underaged without being subjected to first reception procedures. It is evident that the third country nationals that are obviously minors, including children or those who possess documents from their country of origin, proving their exact age, should be registered as minors without further referral for medical examinations»42 Regarding the age assessment of unaccompanied asylum seekers, the Joint Ministerial Decision no. 1982/2016 has been published on the 16/2/2016. According to this decision, if at any stage of the asylum procedure a doubt arises on whether the person is a minor, the Head of the Regional Asylum Office «refers the applicant to a competent structure of the public health system or to a supervised body of the Ministry of Health in the territory of the Regional Asylum Office, where there is a pediatrician, a psychologist and a social service». The procedure of age assessment of minors is similar to the procedure introduced by the Ministerial Decision 92490. Moreover, «in any case, the ensuring of the best interests of the minor should be a primary obligation» while «during the procedure of age determination as well as in case of doubt after its completion, the presumption in favour of childhood prevails». Finally, Law 4375/2016 provides guarantees for minors and refers to the Joint Ministerial Decision 1982/16.2.2016, regarding the procedure followed for the age determination of minors. Nevertheless, the aforementioned law does not impose the implementation of this procedure for the detainees that have not applied for asylum. 42 Greek Ombudsman, The issue of age assessment of unaccompanied minors, October 6 2014, page 9. Available at: http://www.synigoros.gr/resources/porisma_diapistosi-anilikotitas-asynodefton-anilikon.pdf (September 5 2016) 68

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