MWA, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWHC 3488 (Admin) (21 December 2011)

MWA, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWHC 3488 (Admin) (21 December 2011)

The Council is not bound by the Immigration Tribunal's age determination but must consider it with due respect. The High Court must make its own assessment of the claimant's age on the evidence. The claimant was not found to be a credible witness, and the Council's assessment that he was over 18 was preferred over the expert evidence presented by the claimant. Accordingly, the claimant is not a child for the purposes of the Children Act 1989.

Citation
[2011] EWHC 3488 (Admin)
Parties
Claimant: MWA; First Defendant: Secretary of State for the Home Department; Second Defendant: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
21 December 2011
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Age Assessment, Judicial Review of Local Authority Decisions, Children Act 1989, Asylum Procedure, Evidential Standards in Age Disputes
Administrative Law Immigration Law Child Law Age Assessment Judicial Review of Local Authority Decisions Children Act 1989 Asylum Procedure Evidential Standards in Age Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

MWA

Claimant

Secretary of State for the Home Department

First Defendant

Birmingham City Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Birmingham City Council is bound by Immigration Tribunal decisions on age
  2. 2 Whether the claimant is a child for the purposes of the Children Act 1989

Ratio Decidendi

The Council is not bound by the Immigration Tribunal's age determination but must consider it with due respect. The High Court must make its own assessment of the claimant's age on the evidence. The claimant was not found to be a credible witness, and the Council's assessment that he was over 18 was preferred over the expert evidence presented by the claimant. Accordingly, the claimant is not a child for the purposes of the Children Act 1989.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order for the Council to treat the claimant as a child under the Children Act 1989