{"id":42685,"date":"2022-07-18T08:39:00","date_gmt":"2022-07-18T08:39:00","guid":{"rendered":"https:\/\/arsis.gr\/?p=42685"},"modified":"2022-07-18T08:51:49","modified_gmt":"2022-07-18T08:51:49","slug":"42685-2","status":"publish","type":"post","link":"https:\/\/arsis.gr\/en\/42685-2\/","title":{"rendered":"On 24 June 2022 the Single Administrative Court of First Instance of Thessaloniki issued a\u00a0suspension decision of particular legal interest for an unaccompanied minor."},"content":{"rendered":"
\"\"<\/figure>\n\n\n\n

A.M., a Pakistani national, entered the Greek territory in September 2021, and from the first moment he declared that he was an unaccompanied minor. However, at the Reception and Identification Center of Fylakio, Orestiada\u00a0where he was administratively detained, he was wrongly registered as an adult. <\/p>\n\n\n\n

Without any effective remedy<\/strong>\u00a0or provision for legal aid<\/strong>\u00a0from the state, he was subjected to an age determination and classified as an adult. He was therefore treated by the authorities as an adult throughout the entire procedure of his application for international protection up to the second instance.\nIn the rejection decision at second instance, the Committee\u00a0held that Turkey is a safe country for him and that he should return there in order to apply for international protection.\u00a0<\/p>\n\n\n\n

Nonetheless, after persistent pleas by the child to the officials of the Closed Detention Center of Drama where he was detained for 4 months together with adults, a new procedure for his age determination took place and led to establish that he is underage. <\/p>\n\n\n\n

The shelter which took over the child's accommodation contacted the Arsis Legal Team in order to undertake the submission of an application for annulment and one for suspension against the rejection decision of the Asylum Service on second instance. In our application to the Administrative Court of First Instance of Thessaloniki, we addressed in detail the clear violation of national and international\u00a0provisions on the protection of children, his illegal detention for 4 months, the lack of procedural guarantees provided for children during the examination of asylum applications, and also the absurdity of the Committee decision to readmit him to Turkey, as it is well known that since March 2020 Turkey has not accepted the readmission of asylum seekers.<\/p>\n\n\n\n

In accepting our request, the Administrative Court of First Instance made particular reference to the incorrect treatment, throughout the entire procedure of examining the child's application as an adult<\/strong> as well as to the\u00a0suspension by the Turkish authorities of the readmission of applicants from Greece for international protection, with the risk of these persons being placed in a state of uncertainty.\u00a0This decision is an important development in the strategic judicial fight for children's rights and creates case law on the conditions for the reception and identification of unaccompanied minors, age determination procedures and the designation of Turkey as a safe third country.<\/strong><\/p>\n\n\n\n

The activities of the Arsis Legal Team regarding this case are carried out in the framework of our Organization's participation\u00a0in\u00a0the international research collaboration\"Advancing Children's Rights Strategic Litigation\"<\/a>(#ACRiSL) and in particular to its element regarding the\u00a0UN Global Study on Children Deprived of LibertyGSCDL UN Global Study on Children Deprived of Liberty<\/a>which is primarily concerned with implementing the GSCDL recommendations by means of child rights strategic litigation (CRSL) before domestic, regional and international courts and monitoring bodies.<\/p>\n\n\n\n

ACRiSL focuses on the advancement of child rights strategic litigation in theory and practice, under the auspices of the\u00a0Global Campus of Human Rights\u00a0and the\u00a0Right Livelihood\u00a0cooperation. Global Campus of Human Rights<\/a> and the Right\u00a0Livelihood<\/a>.<\/p>\n\n\n\n

On 24 June 2022, the Single Administrative Court of First Instance of Thessaloniki issued a suspension decision of particular legal interest for an unaccompanied minor<\/strong>.<\/p>\n\n\n\n

A.M., a Pakistani national, entered the Greek territory in September 2021, and from the first moment, he declared that he was an unaccompanied minor. However, at the Reception and Identification Center of Fylakio, Orestiada where he was administratively detained, he was wrongly registered as an adult.<\/p>\n\n\n\n


Without any effective remedy<\/strong> or provision for legal aid from the state, he was subjected to an age determination and classified as an adult. He was therefore treated by the authorities as an adult throughout the entire procedure of his application for international protection up to the second instance.<\/p>\n\n\n\n

In the rejection decision at the second instance, the Committee held that Turkey is a safe country for him and that he should return there in order to apply for international protection.<\/p>\n\n\n\n


Nonetheless, after persistent pleas by the child to the officials of the Closed Detention Center of Drama where he was detained for 4 months together with adults, a new procedure for his age determination took place and led to establishing that he is underage.
The shelter which took over the child’s accommodation contacted the Arsis Legal Team in order to undertake the submission of an application for annulment and one for suspension against the rejection decision of the Asylum Service on second instance. In our application to the Administrative Court of First Instance of Thessaloniki, we addressed in detail the apparent violation of national and international provisions on the protection of children, his illegal detention for 4 months, the lack of procedural guarantees provided for children during the examination of asylum applications, and also the absurdity of the Committee decision to readmit him to Turkey, as it is well known that since March 2020 Turkey has not accepted the readmission of asylum seekers.<\/p>\n\n\n\n


In accepting our request, the Administrative Court of First Instance made particular reference to the incorrect treatment, throughout the entire procedure of examining the child’s application as an adult, <\/strong>as well as to the suspension by the Turkish authorities of the readmission of applicants from Greece for international protection, with the risk of these persons being placed in a state of uncertainty. This decision is an important development in the strategic judicial fight for children’s rights and creates case law on the conditions for the reception and identification of unaccompanied minors, age determination procedures and the designation of Turkey as a safe third country.<\/strong><\/p>\n\n\n\n

The activities of the Arsis Legal Team regarding this case are carried out in the framework of our Organization’s participation in the international research collaboration “\"Advancing Children's Rights Strategic Litigation\"<\/a>” (#ACRiSL) and in particular to its element regarding the UN Global Study on Children Deprived of Liberty<\/a> (GSCDL) which is primarily concerned with implementing the GSCDL recommendations by means of child rights strategic litigation (CRSL) before domestic, regional and international courts and monitoring bodies.<\/p>\n\n\n\n

ACRiSL focuses on the advancement of child rights strategic litigation in theory and practice, under the auspices of the Global Campus of Human Rights<\/a> and the Right Livelihood<\/a> cooperation.<\/p>\n\n\n\n

\"\"<\/figure>","protected":false},"excerpt":{"rendered":"

\u039f \u0391.M., \u03c5\u03c0\u03ae\u03ba\u03bf\u03bf\u03c2 \u03a0\u03b1\u03ba\u03b9\u03c3\u03c4\u03ac\u03bd \u03b5\u03b9\u03c3\u03ae\u03bb\u03b8\u03b5 \u03c3\u03c4\u03b7\u03bd \u0395\u03bb\u03bb\u03b7\u03bd\u03b9\u03ba\u03ae \u0395\u03c0\u03b9\u03ba\u03c1\u03ac\u03c4\u03b5\u03b9\u03b1 \u03c4\u03bf\u03bd \u03a3\u03b5\u03c0\u03c4\u03ad\u03bc\u03b2\u03c1\u03b7 \u03c4\u03bf\u03c5 2021 \u03ba\u03b1\u03b9 \u03b1\u03c0\u03cc \u03c4\u03b7\u03bd \u03c0\u03c1\u03ce\u03c4\u03b7 \u03c3\u03c4\u03b9\u03b3\u03bc\u03ae \u03b4\u03ae\u03bb\u03c9\u03c3\u03b5 \u03cc\u03c4\u03b9 \u03b5\u03af\u03bd\u03b1\u03b9 \u03b1\u03c3\u03c5\u03bd\u03cc\u03b4\u03b5\u03c5\u03c4\u03bf\u03c2 \u03b1\u03bd\u03ae\u03bb\u03b9\u03ba\u03bf\u03c2, \u03c9\u03c3\u03c4\u03cc\u03c3\u03bf \u03c3\u03c4\u03bf \u039a\u03a5\u03a4 \u03a6\u03c5\u03bb\u03b1\u03ba\u03af\u03bf\u03c5 \u039f\u03c1\u03b5\u03c3\u03c4\u03b9\u03ac\u03b4\u03b1\u03c2, \u03cc\u03c0\u03bf\u03c5 \u03ba\u03b1\u03b9 \u03ba\u03c1\u03b1\u03c4\u03ae\u03b8\u03b7\u03ba\u03b5 \u03b4\u03b9\u03bf\u03b9\u03ba\u03b7\u03c4\u03b9\u03ba\u03ac, \u03ba\u03b1\u03c4\u03b1\u03b3\u03c1\u03ac\u03c6\u03b7\u03ba\u03b5 \u03b5\u03c3\u03c6\u03b1\u03bb\u03bc\u03ad\u03bd\u03b1 \u03c9\u03c2 \u03b5\u03bd\u03ae\u03bb\u03b9\u03ba\u03bf\u03c2.  \u03a7\u03c9\u03c1\u03af\u03c2 \u03ba\u03ac\u03c0\u03bf\u03b9\u03bf \u03b1\u03c0\u03bf\u03c4\u03b5\u03bb\u03b5\u03c3\u03bc\u03b1\u03c4\u03b9\u03ba\u03cc\u00a0\u03ad\u03bd\u03b4\u03b9\u03ba\u03bf \u03b2\u03bf\u03ae\u03b8\u03b7\u03bc\u03b1\u00a0\u03bf\u03cd\u03c4\u03b5 \u03c0\u03c1\u03cc\u03b2\u03bb\u03b5\u03c8\u03b7 \u03b3\u03b9\u03b1 \u03bd\u03bf\u03bc\u03b9\u03ba\u03ae \u03b2\u03bf\u03ae\u03b8\u03b5\u03b9\u03b1 \u03b1\u03c0\u03cc \u03c4\u03bf \u03ba\u03c1\u03ac\u03c4\u03bf\u03c2 \u03c5\u03c0\u03b5\u03b2\u03bb\u03ae\u03b8\u03b7 \u03c3\u03b5 \u03b7\u03bb\u03b9\u03ba\u03b9\u03b1\u03ba\u03cc \u03c0\u03c1\u03bf\u03c3\u03b4\u03b9\u03bf\u03c1\u03b9\u03c3\u03bc\u03cc \u03ba\u03b1\u03b9 \u03c7\u03b1\u03c1\u03b1\u03ba\u03c4\u03b7\u03c1\u03af\u03c3\u03c4\u03b9\u03ba\u03b5 \u03c9\u03c2 \u03b5\u03bd\u03ae\u03bb\u03b9\u03ba\u03b1\u03c2. \u0395\u03c0\u03bf\u03bc\u03ad\u03bd\u03c9\u03c2, … Read more<\/a><\/p>","protected":false},"author":3,"featured_media":40379,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"ngg_post_thumbnail":0,"footnotes":""},"categories":[17,118],"tags":[],"class_list":["post-42685","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-anakoinoseis","category-gchr"],"acf":[],"_links":{"self":[{"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/posts\/42685","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/comments?post=42685"}],"version-history":[{"count":8,"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/posts\/42685\/revisions"}],"predecessor-version":[{"id":42694,"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/posts\/42685\/revisions\/42694"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/media\/40379"}],"wp:attachment":[{"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/media?parent=42685"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/categories?post=42685"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/arsis.gr\/en\/wp-json\/wp\/v2\/tags?post=42685"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}