Q, R (On the Application Of) v Leicestershire County Council & Anor [2016] EWHC 2087 (Admin) (11 August 2016)

Q, R (On the Application Of) v Leicestershire County Council & Anor [2016] EWHC 2087 (Admin) (11 August 2016)

The court found the Claimant to be a credible and reliable witness on the core issues of his age and reasons for leaving Eritrea, accepted his account that he was born on 5 May 1999, and concluded that the Defendant's age assessment was factually incorrect. The court held that the assessment failed to properly account for the Claimant's tiredness, vulnerability, and the context of Eritrean conscription, and that the reliance on physical appearance and demeanour was misplaced in the circumstances.

Citation
[2016] EWHC 2087 (Admin)
Parties
Claimant: Q; First Defendant: Leicestershire County Council; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 August 2016
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed
Legal Topics
Age Assessment, Asylum Procedure, Detention of Minors, Procedural Fairness, Evidentiary Standards
Administrative Law Immigration Law Human Rights Age Assessment Asylum Procedure Detention of Minors Procedural Fairness Evidentiary Standards

Case Brief

Summary, issues, holding and outcome

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Parties

Q

Claimant

Leicestershire County Council

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Defendant's age assessment of the Claimant was factually correct
  2. 2 Whether the Claimant was a child at the relevant time for the purposes of asylum and detention
  3. 3 Whether the assessment process and reliance on demeanour and physical appearance were appropriate

Ratio Decidendi

The court found the Claimant to be a credible and reliable witness on the core issues of his age and reasons for leaving Eritrea, accepted his account that he was born on 5 May 1999, and concluded that the Defendant's age assessment was factually incorrect. The court held that the assessment failed to properly account for the Claimant's tiredness, vulnerability, and the context of Eritrean conscription, and that the reliance on physical appearance and demeanour was misplaced in the circumstances.

Court Disposition

Claim allowed

Orders

  • The Defendant's age assessment is quashed.
  • The Claimant is declared to have been born on 5 May 1999 and was a child at the relevant time.