1. Where the determining authority deems it relevant for the examination of an application for international protection, it shall, subject to the applicant’s consent, request a medical examination of the applicant concerning signs and symptoms that might indicate past persecution or serious harm and be informed of results thereof.
2. In the case of a minor, the medical examination shall only be carried out where the parent, the adult responsible for him or her whether by the law or practice of the Member State concerned, the representative or the person referred to in Article 23(2), point (a), and, where provided for by national law, the applicant, consent.
The medical examination shall be free of charge for the applicant and be paid for from public funds.
Where applicable, the health and vulnerability checks referred to in Article 12 of Regulation (EU) 2024/1356 may be taken into account for the medical examination referred to in this Article.
3. Where no medical examination is carried out in accordance with paragraph 1, the determining authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs and symptoms that might indicate past persecution or serious harm.
4. The results of the medical examinations referred to in paragraphs 1 or 3 shall be submitted to the determining authority and to the applicant as soon as possible and shall be assessed by the determining authority along with the other elements of the application.
5. The medical examination shall be the least invasive possible and be performed only by qualified medical professionals. It shall be performed in a way that respects the individual’s dignity.
6. An applicant’s refusal to undergo a medical examination or a decision to undergo a medical examination on his or her own initiative, where such an examination does not take place within a suitable timeframe taking into account the availability of appointments for medical examinations in the Member State responsible, shall not prevent the determining authority from taking a decision on the application for international protection.
1. Where, as a result of statements by the applicant, available documentary evidence or other relevant indications, there are doubts as to whether or not an applicant is a minor, the determining authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the applicant’s age within the framework of the examination of an application. The assessment of the age shall not be based solely on the applicant’s physical appearance or behaviour. For the purposes of the age assessment, documents that are available shall be considered genuine, unless there is evidence to the contrary, and statements by minors shall be taken into consideration.
2. Where there are still doubts as to the age of an applicant following the multi-disciplinary assessment, medical examinations may be used as a measure of last resort to determine the applicant’s age within the framework of the examination of an application. Where the result of the age assessment referred to in this paragraph is not conclusive with regard to the applicant’s age or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
3. Any medical examination carried out for the purposes set out in paragraph 2 shall be the least invasive possible and be performed with full respect for the individual’s dignity. They shall be carried out by medical professionals with experience and expertise in age estimation.
Where this paragraph applies, the results from the medical examination and the multi-disciplinary assessment shall be analysed together, thereby allowing for the most reliable result possible.
4. Where medical examinations are used to assess the age of an applicant, the competent authority shall ensure that applicants, their parents, the adult responsible for him or her whether by the law or practice of the Member State concerned, their representatives or the person referred to in Article 23(2), point (a), are informed, prior to the examination of their application for international protection, and in a language that they understand and in a child-friendly and age appropriate manner, of the possibility that their age might be assessed by means of a medical examination. That shall include information on the method of examination, on possible consequences which the result of the medical examination might have for the examination of the application, and on the possibility and consequences of a refusal on the part of the applicant to undergo the medical examination. All documents relating to the medical examination shall be included in the applicant’s file.
5. A medical examination to assess the age of applicants shall only be carried out where the applicants, their parents, the adult responsible referred to in paragraph 4 of this Article, their representative or the person referred to in Article 23(2), point (a), consent after having received the information provided for in paragraph 4 of this Article.
6. The refusal by the applicants, their parents, the adult responsible referred to in paragraph 4 of this Article, their representative or the person referred to in Article 23(2), point (a), to have a medical examination carried out for the purposes of the age assessment shall not prevent the determining authority from taking a decision on the application for international protection. Such refusal may only be considered to be a rebuttable presumption that the applicant is not a minor.
7. A Member State may recognise age-assessment decisions taken by other Member States where the age assessments were carried out in compliance with Union law.
