GE (Eritrea)), R (on the application of) v Secretary of State for the Home Department & Anor

GE (Eritrea)), R (on the application of) v Secretary of State for the Home Department & Anor

GE's account and chronology are credible and consistent; her date of birth is 27 September 1994. Both Council age assessments failed to comply with essential procedural standards, including lack of appropriate adult and failure to provide opportunity to respond to adverse findings, rendering them unfair and unlawful.

Parties
Claimant: GE (Eritrea); 1st Defendant: Secretary of State for the Home Department; 2nd Defendant: Bedford Borough Council
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Judicial Review / Judgment After Re Trial of Age Assessment Issue
Outcome
Claim allowed; Council's age assessments quashed as unlawful; GE's date of birth determined as 27 September 1994.
Legal Topics
Age Assessment, Fairness of Administrative Decisions, Judicial Review Standards, Children's Rights, Procedural Fairness
Administrative Law Immigration Law Public Law Age Assessment Fairness of Administrative Decisions Judicial Review Standards Children's Rights Procedural Fairness

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Parties

GE (Eritrea)

Claimant

Secretary of State for the Home Department

1st Defendant

Bedford Borough Council

2nd Defendant

Procedural Posture

Judicial Review / Judgment After Re Trial of Age Assessment Issue

Legal Issues

  1. 1 What is GE's true age?
  2. 2 Were the Council's age assessments lawful and compliant with procedural standards?

Ratio Decidendi

GE's account and chronology are credible and consistent; her date of birth is 27 September 1994. Both Council age assessments failed to comply with essential procedural standards, including lack of appropriate adult and failure to provide opportunity to respond to adverse findings, rendering them unfair and unlawful.

Court Disposition

Claim allowed; Council's age assessments quashed as unlawful; GE's date of birth determined as 27 September 1994.

Orders

  • First age assessment dated 24 August 2011 quashed as unlawful.
  • Second age assessment dated 10 October 2011 quashed as unlawful.