The immigrant child. Passport and the medical evidence of age determination.

The immigrant underage child with passport or equivalent document  cannot be discarded as minor of age and cannot be considered an undocumented alien so as to undergo additional tests to determine his age. A valid justification is required to oblige him to undergo such tests when he has a valid passport.

If in doubt about the document, a judgment of proportionality is to be made, and the reasons why it is considered that the document is not reliable are to be properly analysed prior to deciding to carry out the medical age determination tests.

In the case of both documented and undocumented persons, medical techniques for age determination, especially if they are invasive, may not be applied indiscriminately.

Any doubt about the minority of age based on mere physical appearance of the person shall be resolved in favour of the underage, given the fact that current techniques do not allow to establish with precision the age of an individual and also the existing debate on their accuracy.

According to the European Parliament resolution of 12 September 201 , an unaccompanied minor is primarily a child exposed to a potential hazard.

The protection of children, and not the immigration policies, should be the guiding principle for member States and the European Union in this subject, with respect to the higher interests of the child.

Both public authorities and private institutions should prioritize the interests of the child, which should prevail over any other consideration in all acts adopted in this area, as set out in legislation and case law.