Determining the age of the foreign citizenand passport

Abstract

The purpose of this work is to analyze the regulatory framework applicable to MENAs, foreigners under 18 years of age who access Spanish territory unaccompanied by their legal guardians. In particular, the determination of their age and the validity of the passport or other identification documents issued by the authorities of your country of origin is examined. The starting point of the study is the judgment of the Provincial Court of Madrid of July 27, 2020 that serves, finally, to break down the case law established by the Spanish Supreme Court in order to determine the age of nationals of other countries who arrive in Spain irregularly and, consequently, if they are minors who may be under the protection granted by the Law and the Immigration Regulations.