Immigration policy on assessing age of young asylum seekers found to be unlawful

A judgment from the Court of Appeal finds Home Office policy regarding young asylum seekers and age disputes to be unlawful.

This was an appeal brought by a national of Eritrea. The appellant claimed that the Enforcement Instructions and Guidance, paragraph 55.9.3.1 (c), was unlawful on the basis that assessment of age based on physical appearance/demeanour alone was inherently unreliable. He argued that this criterion was liable to lead to children being wrongly assessed as adults and accordingly unlawfully detained.

Download the judgement: BF-Eritrea-v-Secretary-of-State (1)