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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

01 FEB 2012

J, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3073 (Admin)

Immigration – Age Assessment – Detention – Damages

Unlawful refusal of asylum and subsequent detention rendered the Claimant eligible for damages.
24 November 2011
Administrative Court
Coulson J
(i) The Claimant, from Afghanistan, was the subject of an age assessment by Wilshire Social Services which concluded he was 18. The age assessment was relied upon in refusing asylum to the Claimant. He was detained pending removal. It is now accepted that the Claimant is 16 ½ and had been granted discretionary leave to remain. This claim is essentially a claim for damages. Three questions thus remain.

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