||All England Reporter
|| All ER (D) 211 (Nov)
|| EWHC 3073 (Admin)
||Queen's Bench Division, Administrative Court (London)
||Zia Nabi (instructed by TV Edwards LLP) for the claimant.
||Sarabjit Singh (instructed by the Treasury Solicitor) for the Secretary of State.
||24 November 2011
Immigration - Asylum seeker - Detention - Claimant asylum seeker being subject to age assessment - Local authority assessing claimant as being aged 18 - Defendant Secretary of State detaining claimant pending deportation on basis of assessment - Whether authority erring in making assessment - Whether detention being unlawful.
Immigration Asylum seeker. The Administrative Court, in allowing the claimant's application for damages for unlawful detention, held that: the local authority's age assessment had not been Merton compliant; the defendant Secretary of State had erred in refusing the claimant's asylum application and declining to treat a further application as a fresh claim; and the claimant's detention had, for a period, been unlawful. Consequently, the claimant would be entitled to a total of 10,000 in damages.
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