NCH (Vietnam), R (on the application of) v Sefton Metropolitan Borough Council

NCH (Vietnam), R (on the application of) v Sefton Metropolitan Borough Council

Permission to apply for judicial review is granted on both grounds because there is an arguable case that the age assessment was procedurally unfair and failed to consider the Claimant’s status as a potential victim of trafficking. The application for interim relief is refused as the balance of convenience does not favour granting it, given the Claimant’s imminent 18th birthday and ongoing accommodation arrangements.

Parties
Claimant: NCH (Vietnam) (Anonymity Order made); Defendant: Sefton Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Permission Hearing on Renewed Application, Extension of Time, and Interim Relief
Outcome
Permission to apply for judicial review granted; application for interim relief refused.
Legal Topics
Age Assessment, Judicial Review Procedure, Victims of Trafficking, Interim Relief, Procedural Fairness
Administrative Law Immigration Law Child Law Age Assessment Judicial Review Procedure Victims of Trafficking Interim Relief Procedural Fairness

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Parties

NCH (Vietnam) (Anonymity Order made)

Claimant

Sefton Metropolitan Borough Council

Defendant

Procedural Posture

Judicial Review / Permission Hearing on Renewed Application, Extension of Time, and Interim Relief

Legal Issues

  1. 1 Whether the age assessment was procedurally unfair and failed to comply with established principles
  2. 2 Whether the Defendant failed to consider relevant matters, including the Claimant’s experiences as a likely/potential victim of trafficking
  3. 3 Whether an extension of time to file the claim should be granted

Ratio Decidendi

Permission to apply for judicial review is granted on both grounds because there is an arguable case that the age assessment was procedurally unfair and failed to consider the Claimant’s status as a potential victim of trafficking. The application for interim relief is refused as the balance of convenience does not favour granting it, given the Claimant’s imminent 18th birthday and ongoing accommodation arrangements.

Court Disposition

Permission to apply for judicial review granted; application for interim relief refused.

Orders

  • Permission to bring proceedings for judicial review is granted on grounds 1 and 2.
  • Application for interim relief is dismissed.