Q, R (On the Application Of) v Leicestershire County Council & Anor

Q, R (On the Application Of) v Leicestershire County Council & Anor

The Claimant's evidence regarding his age and circumstances was credible, consistent with country information and expert reports, and the Defendant's assessment failed to properly account for fatigue, vulnerability, and relevant context. The Claimant was born on 5 May 1999 and was a child at the time of arrival.

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 Permission Granted on Factual Ground
Outcome
Claimant's factual challenge to age assessment upheld; Defendant's assessment rejected.
Legal Topics
Age Assessment, Asylum, Conscription, Procedural Fairness, Credibility Assessment
Administrative Law Immigration Law Human Rights Age Assessment Asylum Conscription Procedural Fairness Credibility Assessment

Case Brief

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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 Permission Granted on Factual Ground

Legal Issues

  1. 1 Whether the Claimant's age assessment by the Defendant was factually correct
  2. 2 Whether the Claimant was a child at the time of arrival in the UK
  3. 3 Whether the Defendant's assessment was reliable and compliant with legal standards

Ratio Decidendi

The Claimant's evidence regarding his age and circumstances was credible, consistent with country information and expert reports, and the Defendant's assessment failed to properly account for fatigue, vulnerability, and relevant context. The Claimant was born on 5 May 1999 and was a child at the time of arrival.

Court Disposition

Claimant's factual challenge to age assessment upheld; Defendant's assessment rejected.

Orders

  • Court declares Claimant was born on 5 May 1999 and was a child at the time of arrival.
  • Defendant's age assessment is set aside.