EXR, R (On the Application Of) v Secretary of State for the Home Department & Anor [2026] EWHC 896 (Admin) (25 March 2026)

EXR, R (On the Application Of) v Secretary of State for the Home Department & Anor [2026] EWHC 896 (Admin) (25 March 2026)

Permission for judicial review is granted on the age issue because the material before the court, taken at its highest, could properly succeed in a contested factual hearing; there is a serious issue to be tried as to EXR's age, and interim relief should remain in place to prevent removal pending determination.

Citation
[2026] EWHC 896 (Admin)
Parties
Claimant: EXR; Claimant: BXY; First Defendant: Secretary of State for the Home Department; Second Defendant: London Borough of Hillingdon
Jurisdiction
England and Wales
Judgment Date
25 March 2026
Procedural Posture
Judicial Review / Permission and Interim Relief Hearing
Outcome
Permission for judicial review granted on age issue; interim relief maintained.
Legal Topics
Age Assessment, Trafficking, Interim Relief, UK France Treaty, Asylum, Modern Slavery
Immigration Administrative Law Human Rights Age Assessment Trafficking Interim Relief UK France Treaty Asylum +1 more

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Parties

EXR

Claimant

BXY

Claimant

Secretary of State for the Home Department

First Defendant

London Borough of Hillingdon

Second Defendant

Procedural Posture

Judicial Review / Permission and Interim Relief Hearing

Legal Issues

  1. 1 Whether the age assessment of EXR was legally flawed
  2. 2 Whether EXR should be treated as a child for purposes of removal under the UK-France Treaty
  3. 3 Whether the Secretary of State breached her Assessing Age policy

Ratio Decidendi

Permission for judicial review is granted on the age issue because the material before the court, taken at its highest, could properly succeed in a contested factual hearing; there is a serious issue to be tried as to EXR's age, and interim relief should remain in place to prevent removal pending determination.

Court Disposition

Permission for judicial review granted on age issue; interim relief maintained.

Orders

  • Secretary of State restrained from removing EXR to France until final determination of judicial review or further order.
  • Permission for judicial review granted on ground one in BXY's case.