WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)

WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)

The Home Secretary is not obliged under Article 2 or Article 8 ECHR to amend WA's BRP to reflect the claimed date of birth, as the claimed date is unsupported by evidence and outside the assessed range; operational duties under Article 2 fall on the NHS, not the Home Secretary, and Article 8 does not require insertion of inaccurate information in official records.

Citation
[2021] EWCA Civ 12
Parties
Claimant/appellant: WA (Palestinian Territories); Defendant/respondent: Secretary of State for the Home Department; Intervener: Mind
Jurisdiction
England and Wales
Judgment Date
13 January 2021
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Biometric Residence Permit, Age Assessment, Article 2 ECHR, Article 8 ECHR, Operational Duty, Identity Documents
Immigration Human Rights Administrative Law Biometric Residence Permit Age Assessment Article 2 ECHR Article 8 ECHR Operational Duty +1 more

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Parties

WA (Palestinian Territories)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Mind

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Home Secretary is obliged to amend WA's date of birth on his BRP to the claimed date under Article 2 and Article 8 ECHR
  2. 2 Whether the Judge should have determined WA's true date of birth
  3. 3 Whether Article 2 ECHR imposes a positive operational duty on the Home Secretary in these circumstances

Ratio Decidendi

The Home Secretary is not obliged under Article 2 or Article 8 ECHR to amend WA's BRP to reflect the claimed date of birth, as the claimed date is unsupported by evidence and outside the assessed range; operational duties under Article 2 fall on the NHS, not the Home Secretary, and Article 8 does not require insertion of inaccurate information in official records.

Court Disposition

Appeal dismissed

Orders

  • No amendment to WA's BRP
  • Anonymity direction maintained