MWA, R (on the application of) v Secretary of State for the Home Department & Ors
The Council is not bound by the Tribunal's age determination; the High Court is the ultimate arbiter of age for Children Act purposes. On the evidence, including credibility findings and expert reports, the claimant failed to prove he was under 18 at the material time. The most likely date of birth is 16 December 1992, making him over 18 at the relevant date.
- Parties
- Claimant: MWA; First Defendant: Secretary of State for the Home Department; Second Defendant: Birmingham City Council
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2011
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- application dismissed
- Legal Topics
- Age Assessment, Asylum, Children Act 1989, Judicial Review, Burden of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
MWA
Claimant
Secretary of State for the Home Department
First Defendant
Birmingham City Council
Second Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether Birmingham City Council is bound by the age determination of Immigration Judges
- 2 Whether the claimant is a child for purposes of the Children Act 1989
Ratio Decidendi
The Council is not bound by the Tribunal's age determination; the High Court is the ultimate arbiter of age for Children Act purposes. On the evidence, including credibility findings and expert reports, the claimant failed to prove he was under 18 at the material time. The most likely date of birth is 16 December 1992, making him over 18 at the relevant date.
Court Disposition
application dismissed
Full Case Text
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