KRA, R (on the application of) v Cheshire East Council

KRA, R (on the application of) v Cheshire East Council

The material before the court raises a factual case which, taken at its highest, could properly succeed in a contested factual hearing; the balance of justice favours granting interim relief due to greater risk of injustice if the claimant is wrongly treated as an adult and later vindicated as a child.

Parties
Claimant: KRA; Defendant: Cheshire East Council
Jurisdiction
England and Wales
Judgment Date
23 November 2024
Procedural Posture
Judicial Review / Permission Stage, Interim Relief Application
Outcome
Application for interim relief granted; permission for judicial review granted; case transferred to Upper Tribunal; costs in the case.
Legal Topics
Age Assessment, Interim Relief, Children Act 1989, Asylum Seekers, Judicial Review Procedure
Administrative Law Child Law Immigration Law Age Assessment Interim Relief Children Act 1989 Asylum Seekers Judicial Review Procedure

Case Brief

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Parties

KRA

Claimant

Cheshire East Council

Defendant

Procedural Posture

Judicial Review / Permission Stage, Interim Relief Application

Legal Issues

  1. 1 Whether the claimant should be treated as a child pending resolution of age-assessment judicial review
  2. 2 Whether interim relief should be granted requiring the Council to provide accommodation and support under the Children Act 1989

Ratio Decidendi

The material before the court raises a factual case which, taken at its highest, could properly succeed in a contested factual hearing; the balance of justice favours granting interim relief due to greater risk of injustice if the claimant is wrongly treated as an adult and later vindicated as a child.

Court Disposition

Application for interim relief granted; permission for judicial review granted; case transferred to Upper Tribunal; costs in the case.

Orders

  • Council to provide accommodation and support to the claimant as a child under the Children Act 1989 until 28 December 2024 or earlier resolution of proceedings.
  • Permission for judicial review granted.