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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

06 SEP 2012

R (on the application of AA) v The Upper Tribunal & Another [2012] EWHC 1784 (Admin)

Immigration - Appeal - Asylum - Best Interests - Child

The Claimant did not succeed in showing that the decision made by the Upper Tribunal had failed to consider relevant factors. In the absence of compelling reasons, the challenge therefore did not succeed.

19 July 2012

Administrative Court

HHJ Gilbart QC

(1)        This was a claim to quash a decision of the Upper Tribunal of the Immigration and Asylum Chamber. The Claimant, of Kurdish ethnic origin, was born in February 1993 and brought up in Iran. The Claimant arrived in the UK 2009 aged 15 years and 10 days. His subsequent asylum claim was refused, as was his claim for humanitarian protection. Given his age, the Claimant was given discretionary leave to remain until August 2010, as there were concerns as to the adequacy of reception arrangements for a child in his home country.

(2)        Counsel for the Claimant highlighted that under the UN Convention on the Rights of the Child, the tribunal was under a duty to treat the interests of the child Claimant as a primary consideration. There were no submissions advanced on behalf of the Defendant in this regard.

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