CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ AGE ASSESSMENT OF UNACCOMPANIED MINORS IN ASYLUM LAW The principles related to the protection of unaccompanied minors seem to be set out very clearly in international law, EU law, and national law. Legal provisions in national asylum laws do not provide sufficiently detailed guidelines. However, age assessment raises a number of difficult practical questions, and the basic standards of methodology have been clarified by court decisions. The case law of Czech and Lithuanian courts shows that conclusions of experts on an age assessment in other countries should be recognised, even if they use a different methodology of age assessment. So far, medical examinations in the form of X-ray imaging are used as the most common and most reliable means of determining the age of an alien. On the other hand, the case law also shows that such an examination cannot be carried out in isolation and as the sole means of determining age. It is also important that the authorities consider the asylum seeker’s personal documents, which indicate their age, even if they contradict the experts’ conclusions and other psychological and physiological examinations. Moreover, the level of mental maturity must also be assessed. As a principle, the state authorities must cooperate with asylum seekers in gathering the relevant information. Nevertheless, from the perspective of European asylum law, we may conclude that the problem of age assessments is one of the most underestimated practical issues that may hinder the proper application of rules on the protection of children. Given that legally binding norms do not set out clear methodologies, there remains a certain degree of legal uncertainty.

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