GE (Eritrea)), R (on the application of) v Secretary of State for the Home Department & Anor [2015] EWHC 1406 (Admin) (22 May 2015)

GE (Eritrea)), R (on the application of) v Secretary of State for the Home Department & Anor [2015] EWHC 1406 (Admin) (22 May 2015)

The court found, on the balance of probabilities and after holistic assessment of the evidence, that GE's account and chronology were credible and consistent, and that her date of birth is 27 September 1994. The age assessments conducted by the Council were unlawful as they failed to comply with Merton standards, relied excessively on appearance and demeanour, and did not provide GE with a fair opportunity to respond to adverse findings.

Citation
[2015] EWHC 1406 (Admin)
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 / Re Trial Following Court of Appeal Order to Determine Claimant's Age and Lawfulness of Age Assessments
Outcome
Claim allowed
Legal Topics
Age Assessment of Asylum Seekers, Judicial Review of Local Authority Decisions, Procedural Fairness in Age Assessments, Children Act 1989, Detention of Minors
Administrative Law Immigration Law Child Law Age Assessment of Asylum Seekers Judicial Review of Local Authority Decisions Procedural Fairness in Age Assessments Children Act 1989 Detention of Minors

Case Brief

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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 / Re Trial Following Court of Appeal Order to Determine Claimant's Age and Lawfulness of Age Assessments

Legal Issues

  1. 1 What is the correct age of the claimant, GE?
  2. 2 Were the age assessments conducted by Bedford Borough Council lawful and compliant with required standards?

Ratio Decidendi

The court found, on the balance of probabilities and after holistic assessment of the evidence, that GE's account and chronology were credible and consistent, and that her date of birth is 27 September 1994. The age assessments conducted by the Council were unlawful as they failed to comply with Merton standards, relied excessively on appearance and demeanour, and did not provide GE with a fair opportunity to respond to adverse findings.

Court Disposition

Claim allowed

Orders

  • Declaration that GE's date of birth is 27 September 1994
  • Declaration that the Council's age assessments were unlawful and not Merton compliant