Author
The Act on Residence of Foreigners defines a “vulnerable person” as, in particular, a minor, a person with a disability, a victim of trafficking in human beings, a person over 65 years of age, a pregnant woman, a single parent with a minor child, and a person who has been subjected to torture, rape, or other serious forms of psychological, physical, or sexual violence. In justified cases, a person younger than 65 years of age may also be considered as an older person.[1] The definition of vulnerable persons is applicable also to asylum seekers.[2]
Additionally, in Part Six of the Asylum Act regulating Asylum Facilities defines “vulnerable persons” as, in particular, minors, persons with disabilities, older persons, pregnant women, single parents with minor children, victims of trafficking in human beings, persons with serious illnesses, persons with mental disorders, and persons who have been subjected to torture, rape, or other serious forms of psychological, physical, or sexual violence.[3]
Screening of vulnerability
The mechanism for the identification of vulnerable groups of asylum seekers is regulated by the Internal Regulation of the MO MoI, No. 4/2015, entitled Instruction of the Migration Office of the Ministry of the Interior of the Slovak Republic of 3 August 2015 on Maintaining the Documentation “Social Profile of an Asylum Applicant” (Pokyn migračného úradu Ministerstva vnútra Slovenskej republiky o vedení dokumentácie „Sociálny profil osobnosti žiadateľa o udelenie azylu“) (Internal Regulation No. 4/2015).[4]
The identification of vulnerable asylum seekers is carried out by social workers of the MO. Social workers obtain information on vulnerability through one or more social interviews with the applicant, as well as through other methods of social work. During the identification process, social workers apply the List of Vulnerability Indicators and Questions for the Identification of Vulnerable Asylum Applicants which are annexed to Internal Regulation No. 4/2015.
The List of Vulnerability Indicators contains seven groups of indicators, namely:
- Age,
- Sex,
- Gender identity and sexual orientation,
- Family status (in relation to the asylum procedure),
- Physical indicators, including physical appearance, health condition, disability, sexual health, and pregnancy,
- Psychosocial indicators related to trauma, depression, and social circumstances, and
- Indicators related to the external environment
The Questions for the Identification of Vulnerable Asylum Applicants contain guiding questions for social workers conducting the vulnerability screening. The questions are divided into six groups according to categories of vulnerable asylum seekers, namely:
- Minors,
- Persons with disabilities, including persons with serious illnesses or physical or mental disorders;
- Older persons,
- Pregnant women,
- Single parents with minor children, and
- Persons with a different sexual orientation – LGBT persons.
During the vulnerability screening, social workers cooperate with employees of the Asylum Facilities Unit and the Procedural Department, healthcare personnel in asylum facilities, and asylum facility staff. Social workers are required to inform the organisational units of the MO of the applicants´ specific vulnerabilities.
Age assessment of unaccompanied children
The age assessment procedure is regulated by the Act on the Residence of Foreigners and the Asylum Act. Medical age assessments are carried out at the request of the BBFPF PFP, the MO, or the guardian.
According to Article 23(8) of the Asylum Act where the MO has doubts regarding the age of an asylum applicant, the applicant is required to undergo a medical examination. Accordingly, an age assessment may only be conducted where the MO has reached the conclusion that there are reasonable doubts regarding the applicant’s age.
Doubts concerning age may arise in two situations: where the applicant claims to be an adult, but doubts arise as to their adulthood, or where the applicant claims to be a minor but doubts arise as to their minority.
Where the MO has doubts regarding the age of a minor applicant, the consent of the guardian is required for the medical examination to be carried out. Until the examination results are available, the asylum applicant is treated as a minor; accordingly, a rebuttable presumption of minority applies. A person whose age cannot be determined is also regarded as a minor, reflecting the application of the principle of the benefit of the doubt in favour of the minority.
If the third-country national refuses to undergo the medical examination, or if the legal representative or guardian does not provide consent for it to be carried out, the person shall, for the purposes of asylum proceedings, be considered an adult. If the examination determines that a person claiming to be a minor is in fact an adult, the MO proceeds with the applicant as an adult and informs both the guardian and the competent court of the examination results.
The law does not specify the form, method, or type of examination, nor does it designate the physician responsible for carrying it out. In practice, medical age assessment is conducted through X-ray imaging of the hands and elbow joints performed at a radiology clinic. The resulting medical report indicates whether the bone development shown in the X-ray corresponds to the development and growth of a person over 18 years of age.
Asylum seekers have no possibility to appeal against the age assessment decision.
The Asylum Act emphasises the MO´s duty to provide information, under which the MO is required to inform the asylum applicant, prior to the entry interview, of the possibility that a medical age assessment may be ordered, how such an examination is conducted, and the potential consequences of its results for the asylum procedure itself.
In 2025, no asylum applicant underwent age assessment procedure pursuant to Article 23(8) of the Asylum Act.[5]
Doubts regarding the age of a third-country national may arise even before the commencement of the asylum procedure, particularly in proceedings before the BBFP PFP. The age assessment procedure under the Act on the Residence of Foreigners is, to a large extent, similar to the procedure regulated by the Asylum Act.
Article 111(6) of the Act on the Residence of Foreigners provides that a third-country national who declares themselves to be an UAM is required to undergo a medical examination to determine their age where there are doubts as to whether the person is in fact an adult.
If the third-country national refuses to undergo a medical age assessment, they are considered an adult for the purposes of proceedings under the Act on the Residence of Foreigners.[6]
If the person undergoes the medical examination, they are considered an adult pending the outcome of the medical age assessment.[7]
The result of the medical examination is prepared by a physician in the form of an expert opinion. Where it is not possible to determine, on the basis of the medical examination, whether the person is an adult or a minor, the person is considered a minor for the purposes of proceedings under the Act.[8]
The BBFP PFP is required to inform the third-country national of its power to order a medical age assessment, the manner in which the examination is conducted, the consequences of the examination for proceedings, as well as the consequences of refusing to undergo the examination.[9]
[1] Article 2(7) of the Act on Residence of Foreigners.
[2] Article 1(2) of the Act on Residence of Foreigners.
[3] Article 39(1) of the Asylum Act.
[4] HRL does not have access to the current version of this internal regulation, but only to the version effective as of 3 August 2015. The current version of this internal regulation was not disclosed to HRL in response to an information request submitted to the MoI on 6 February 2026. For this reason, the described vulnerability screening may differ from the practice currently applied.
[5] The Response of the MO to a request for information submitted on 11 March 2026.
[6] Article 127(1) of the Act on Residence of Foreigners.
[7] Ibid.
[8] Ibid.
[9] Ibid.