Publisher Citation: [2005] All ER (D) 234 (Nov)
Court: Queen's Bench Division (Administrative Court)

Gibbs J

Representation Nadine Finch (instructed by Hereward & Foster) for the claimant.
  Jeremy Johnson (instructed by the Treasury Solicitor) for the Secretary of State.
  M Isles (instructed by Joy Connor, Bromley) for the interested party.
Judgment Dates: 17 November 2005


Immigration - Asylum seeker - Unaccompanied asylum seeker claiming to be under 18 years old - Dispute as to age - Local authority assessing asylum seeker as minor - Secretary of State treating as adult - Whether Secretary of State acting unlawfully in ordering removal.

The Case

In the circumstances, the defendant Secretary of State had acted unlawfully in that the claimant's asylum claim had not been determined in accordance with the appropriate policies and procedures for the determination of an application by an unaccompanied minor. The decision to order the deportation of the claimant would therefore be quashed.

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