J, R (on the application of) v Secretary of State for the Home Department  EWHC 3073 (Admin)
Immigration – Age Assessment – Detention – Damages
Unlawful refusal of asylum and subsequent detention rendered the Claimant eligible for damages.
24 November 2011
(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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