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Chapter 5 | Age Disputes
presumption that someone claiming to be less
than 18 years of age, will provisionally be treated
as such. It notes that age assessment is not an
exact science and that a considerable margin of
error is called for and that children should be
given the benefit of the doubt.
Recommendations
Compliance With International Standards
■ 1. Where an unaccompanied or separated child’s
age is in dispute he or she should be provided
with accommodation by the appropriate social
services department for a seven to 28 day period
in order for a holistic age assessment to be
carried out.
■ 1. Article 18(1) of the EU Directive laying down
minimum standards for the reception of asylum
seekers requires the Immigration Service and
the Immigration and Nationality Directorate to
take the best interests of an unaccompanied
child into account.
■ 2. Paragraph 31 of the Committee on the Rights
of the Child’s General Comment No. 6 (2005)
states that age assessments should not only take
into account the physical appearance of the individual,
but also his or her psychological maturity.
Moreover, the assessment must be conducted in
a scientific, safe, child- and gender-sensitive and
fair manner, avoiding any risk of violation of the
physical integrity of the child; giving due respect
to human dignity; and, in the event of remaining
uncertainty, should accord the individual the
benefit of the doubt such that if there is a possibility
that the individual is a child, s/he should
be treated as such.
■ 3. The Separated Children in Europe Programme 49
states that in cases of doubt there should be a
■ 2. No age disputed child should be detained in
an immigration removal or reception centre.
■ 3. No age disputed child’s application should be
subjected to the Fast Track 50 or Super Fast Track 51
asylum determination procedures or any similar
accelerated process.
■ 4. No age disputed child should be denied an in
country right of appeal.
■ 5. A legal guardian should be appointed for every
age disputed child.
■ 6. No steps should be taken to determine the
age disputed child’s asylum application until the
question of his or her age has been finally resolved.
■ 7. Independent panels comprised of suitably
qualified professionals should be established to
determine age where this is in dispute.
■ 8. Any members of the Immigration Service,
the Immigration and Nationality Directorate,
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