| Applicant name | TK |
| Applicant type | Immigrant |
| Number of applicants | 1 |
| Country | Greece |
| Application no. | 16112/20 |
| Date | 18/01/2024 |
| Judges | Stéphanie Mourou-Vikström , president , Chanturia side, Mattias Guyoma |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Positive obligation |
| Type of privacy | Private life |
| Keywords | presumption minor immigrant |
| Facts of the case | The applicant submits that the authorities failed in their obligation to recognise him as an unaccompanied minor and, in doing so, deprived him of the procedural safeguards reserved for minors for a considerable period, including the appointment of a legal guardian. |
| Analysis | The authorities considered the applicant to be an adult for a year and deprived him of procedural guarantees in breach of the principle of the presumption of minority. The Court concludes that the authorities failed to exercise due diligence, in so far as it concerns procedural safeguards relating to age assessment, including the appointment of a guardian, and, consequently, they failed to comply with the positive obligation to protect the applicant as an unaccompanied minor seeking international protection. |
| Other Article violation? | Yes, 3 and 13 |
| Damage awarded | a) that the respondent State is to pay the applicant, within three months, the sum of EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage ; b) that from the expiry of the said period and until payment, this amount will be increased by simple interest at a rate equal to that of the marginal lending facility of the European Central Bank applicable during this period, increased by three percentage points ; |
| Documents | Judgment |