A, R (On the Application Of) v Secretary Of State For The Home Department [2014] EWHC 3699 (Admin) (29 October 2014)
The claim against Kent County Council is dismissed as the age assessment review concluded the claimant was 18, and there was no appearance or representation from the claimant. Kent County Council's procedural delay in notifying the court precludes an order for costs in their favour.
- Citation
- [2014] EWHC 3699 (Admin)
- Parties
- Claimant: A; First Defendant: Secretary of State for the Home Department; Second Defendant: Kent County Council
- Jurisdiction
- England and Wales
- Judgment Date
- 29 October 2014
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed against Kent County Council; Secretary of State discharged as party; no order for costs.
- Legal Topics
- Age Assessment, Asylum, Detention, Children Act 1989, Judicial Review Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
A
Claimant
Secretary of State for the Home Department
First Defendant
Kent County Council
Second Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether Kent County Council's age assessment of the claimant was lawful
- 2 Whether the Secretary of State's detention decision was lawful
- 3 Entitlement to costs
Ratio Decidendi
The claim against Kent County Council is dismissed as the age assessment review concluded the claimant was 18, and there was no appearance or representation from the claimant. Kent County Council's procedural delay in notifying the court precludes an order for costs in their favour.
Court Disposition
Claim dismissed against Kent County Council; Secretary of State discharged as party; no order for costs.
Orders
- Claim dismissed as against Kent County Council
- Secretary of State for the Home Department discharged as party
Full Case Text
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