TL, Re Application for Judicial Review of an Age Assessment [2011] ScotCS CSOH_98 (07 June 2011)

TL, Re Application for Judicial Review of an Age Assessment [2011] ScotCS CSOH_98 (07 June 2011)

The interim order sought is too broad and problematic, effectively amounting to a declaratory order with wide implications; the prima facie case is not strong enough and the balance of convenience weighs heavily against granting the application at this time.

Citation
[2011] ScotCS CSOH_98
Parties
Petitioner: T L; First Respondent: Angus Council; Second Respondent: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
07 June 2011
Procedural Posture
Judicial Review / Interim Application for Order Pending First Hearing
Outcome
motion refused
Legal Topics
Age Assessment, Asylum Seekers, Interim Orders, Local Authority Duties, Child Protection
Administrative Law Immigration Law Child Law Age Assessment Asylum Seekers Interim Orders Local Authority Duties Child Protection

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Parties

T L

Petitioner

Angus Council

First Respondent

Glasgow City Council

Second Respondent

Procedural Posture

Judicial Review / Interim Application for Order Pending First Hearing

Legal Issues

  1. 1 Whether an interim order should be granted to treat the petitioner as a child pending judicial review of age assessment
  2. 2 Whether the age assessment process was compliant with legal standards
  3. 3 Whether the balance of convenience favours the petitioner

Ratio Decidendi

The interim order sought is too broad and problematic, effectively amounting to a declaratory order with wide implications; the prima facie case is not strong enough and the balance of convenience weighs heavily against granting the application at this time.

Court Disposition

motion refused

Orders

  • Petition to be served on Advocate General for Scotland and Lord Advocate
  • Case to be put out By Order before first hearing