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)
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