| Applicant name | A.C. |
| Applicant type | immigrant |
| Number of applicants | 1 |
| Country | France |
| Application no. | 15457/20 |
| Date | 16/01/2025 |
| Judges | María Elósegui , president , Mattias Guyomar, Armen Harutyunyan, Stephanie Mourou-Vikström, Gilberto Felici, Andreas Zünd, Diana Sârcu |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | Positive obligation |
| Type of privacy | Procedural privacy |
| Keywords | |
| Facts of the case | The applicant submits that the lack of protection resulting from the domestic authorities’ refusal to recognise his status as an unaccompanied minor must be analysed as a violation of his right to respect for his private life. He relies on Article 8 of the Convention, which provides : |
| Analysis | From such an accumulation of gaps in the information brought to the applicant’s attention, which was both incomplete and imprecise, even though his minority was at issue and he should therefore be regarded as presenting a particular vulnerability, the Court concludes that the presumption of minority from which he benefited was overturned in specific circumstances which deprived him of sufficient procedural guarantees. These elements are sufficient for the Court to find that, despite the existence of a domestic legal framework which in principle provides the minimum procedural guarantees required, the competent authorities did not, in this case, act with reasonable diligence and failed in their positive obligation to guarantee the applicant’s right to respect for his private life. Accordingly, there has been a violation of Article 8 of the Convention. |
| Other Article violation? | No violation 3 nor 13+8 |
| Damage awarded | olds , by six votes to one, that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention : a) the sum of EUR 5,000 (five thousand euros), plus any amount that may be due on that sum by way of tax, for 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 |