JR2025LON000694 [2025] UKAITUR JR2025LON000694 (27 November 2025)

JR2025LON000694 [2025] UKAITUR JR2025LON000694 (27 November 2025)

The applicant's date of birth is determined to be 26 April 2008 on the balance of probabilities. The Secretary of State's age assessment is quashed due to fundamental flaws, lack of proper enquiry, and failure to adequately consider vulnerability and relevant evidence. The applicant is to be treated as a child for all relevant purposes under the Children Act 1989 and immigration law.

Citation
[2025] UKAITUR JR2025LON000694
Parties
Applicant: ALK; First Respondent: Secretary of State for the Home Department; Second Respondent: Walsall Metropolitan Borough Council
Jurisdiction
United Kingdom
Judgment Date
27 November 2025
Procedural Posture
Judicial Review / Final Judgment and Order
Outcome
Judicial review allowed; applicant's date of birth declared as 26 April 2008; age assessment quashed; respondents ordered to treat applicant as a child.
Legal Topics
Age Assessment, Children Act 1989 Duties, Nationality and Borders Act 2022, Asylum Procedures, Jurisdictional Fact Determination
Immigration Asylum Children's Law Administrative Law Age Assessment Children Act 1989 Duties Nationality and Borders Act 2022 Asylum Procedures +1 more

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Parties

ALK

Applicant

Secretary of State for the Home Department

First Respondent

Walsall Metropolitan Borough Council

Second Respondent

Procedural Posture

Judicial Review / Final Judgment and Order

Legal Issues

  1. 1 Whether the applicant's date of birth is 26 April 2008 and thus he is a child under the Children Act 1989
  2. 2 Whether the Secretary of State's age assessment was lawful and rational
  3. 3 Whether the applicant should be treated as a child for asylum and support purposes

Ratio Decidendi

The applicant's date of birth is determined to be 26 April 2008 on the balance of probabilities. The Secretary of State's age assessment is quashed due to fundamental flaws, lack of proper enquiry, and failure to adequately consider vulnerability and relevant evidence. The applicant is to be treated as a child for all relevant purposes under the Children Act 1989 and immigration law.

Court Disposition

Judicial review allowed; applicant's date of birth declared as 26 April 2008; age assessment quashed; respondents ordered to treat applicant as a child.

Orders

  • Applicant's date of birth declared as 26 April 2008.
  • Judicial review claim allowed.