CJ, R (on the application of) v Cardiff County Council

CJ, R (on the application of) v Cardiff County Council

The claimant failed to prove on the balance of probabilities that he was under 18 on arrival in the UK. The court found the claimant's evidence unreliable, the documentary evidence insufficiently credible, and preferred the assessment of the local authority's social worker, supported by other professional...

Source-derived case information.

Parties
Claimant: CJ; Defendant: Cardiff County Council
Jurisdiction
England and Wales
Judgment Date
17 January 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Age Assessment, Children Act 1989, Burden of Proof, Judicial Review of Local Authority Decisions
Administrative Law Immigration Law Child Law Age Assessment Children Act 1989 Burden of Proof Judicial Review of Local Authority Decisions

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Parties

CJ

Claimant

Cardiff County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the claimant CJ was under 18 on arrival in the UK and thus owed duties under the Children Act 1989
  2. 2 Who bears the burden of proof in age assessment judicial review proceedings

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that he was under 18 on arrival in the UK. The court found the claimant's evidence unreliable, the documentary evidence insufficiently credible, and preferred the assessment of the local authority's social worker, supported by other professional impressions. The burden of proof was on the claimant, and he did not discharge it.

Court Disposition

Claim dismissed