MA & Anor, R (On the Application Of) v Secretary of State for the Home Department [2022] EWCA Civ 1663 (19 December 2022)

MA & Anor, R (On the Application Of) v Secretary of State for the Home Department [2022] EWCA Civ 1663 (19 December 2022)

The KIU Guidance did not positively authorise or approve unlawful conduct, did not mandate the absence of safeguards required for Merton compliance, and could be operated lawfully. Operational failures in individual cases do not render the Guidance itself unlawful.

Citation
[2022] EWCA Civ 1663
Parties
Claimant and Respondent: MA; Claimant and Respondent: HT; Defendant and Appellant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Age Assessment of Asylum Seekers, Lawfulness of Government Guidance, Detention of Unaccompanied Minors, Compliance With Statutory Duties, Judicial Review Standards
Administrative Law Immigration Law Human Rights Age Assessment of Asylum Seekers Lawfulness of Government Guidance Detention of Unaccompanied Minors Compliance With Statutory Duties Judicial Review Standards

Case Brief

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Parties

MA

Claimant and Respondent

HT

Claimant and Respondent

The Secretary of State for the Home Department

Defendant and Appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the KIU Guidance issued by the Secretary of State for the Home Department was unlawful
  2. 2 Whether the KIU age assessments of MA and HT were Merton compliant
  3. 3 Whether the detention of MA and HT was unlawful due to the age assessment process

Ratio Decidendi

The KIU Guidance did not positively authorise or approve unlawful conduct, did not mandate the absence of safeguards required for Merton compliance, and could be operated lawfully. Operational failures in individual cases do not render the Guidance itself unlawful.

Court Disposition

Appeal allowed

Orders

  • Declaration that the KIU Guidance was unlawful is set aside