Bedford County Council v GE (Eritrea)

Bedford County Council v GE (Eritrea)

The judge's age determination was reasoned, holistic, and not perverse; the previous age assessments and local authority decisions were procedurally unfair and unlawful for failing to comply with the Merton guidelines, including lack of opportunity for GE to respond and inadequate reasoning.

Parties
Appellant: Bedford County Council; Respondent: GE (Eritrea)
Jurisdiction
England and Wales
Judgment Date
01 November 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Age Assessment, Procedural Fairness, Judicial Review, Merton Principles, Unaccompanied Minors
Public Law Administrative Law Immigration Law Child Law Age Assessment Procedural Fairness Judicial Review Merton Principles +1 more

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Parties

Bedford County Council

Appellant

GE (Eritrea)

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge's age determination was correct and lawful
  2. 2 Whether the previous age assessments and local authority decisions were procedurally fair and lawful

Ratio Decidendi

The judge's age determination was reasoned, holistic, and not perverse; the previous age assessments and local authority decisions were procedurally unfair and unlawful for failing to comply with the Merton guidelines, including lack of opportunity for GE to respond and inadequate reasoning.

Court Disposition

appeal dismissed

Orders

  • First age assessment quashed
  • Second age assessment quashed