Belgium: Council of State accepts request in extreme urgency to suspend decision, allowing unaccompanied minor to be accompanied by guardian at his first asylum interview

Date: 
Monday, March 19, 2018

On 19 March 2018, the Belgian Council of State ruled in case no. 241.036, which concerned a request for suspension, under a procedure of extreme urgency, of a decision by the Guardianship Service (service de tutelle) ending the provision of guardianship services to a Sudanese child who was believed to be over the age of majority. The Council of State ruled that the request under a procedure of extreme urgency was justified due to the fact that the applicant had been called for an interview regarding his asylum application in the following days and, without the assistance of the Guardianship Service, would be left without assistance in the interview. Moreover, the Council of State found that the reasoning of the Guardianship Service’s decision to end its assistance was inadequate as it was based on an incorrect interpretation of two age assessment procedures, one of which recognised the possibility that the applicant was below eighteen years old.

Based on an unofficial translation by the ELENA Weekly Legal Update. We would like to thank Pierre Robert for bringing this case to our attention.

 

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Keywords: 
Best interest of the child
Personal interview
Procedural guarantees