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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> BF (Eritrea), R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 1113 (11 October 2016) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2016/1113.html Cite as: [2016] EWCA Civ 1113 |
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
Strand London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE BEAN
LORD JUSTICE BURNETT
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THE QUEEN ON THE APPLICATION OF BF (ERITREA) (By his Litigation Friend, Francesco Jeff) |
Appellant |
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and |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Respondent |
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Ms Catherine Rowlands (instructed by the Government Legal Department) appeared on behalf of the Respondent
Mr Martin Chamberlain (instructed by the Equality and Human Rights Commission) appeared on behalf of the Intervener
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Crown Copyright ©
LORD JUSTICE BURNETT:
"A. There is credible and clear documentary evidence that they are 18 or over.
B. A Merton compliant age assessment by a local authority is available stating that they are 18years of age or over.
C. Their physical appearance / demeanour very strongly suggests that they are significantly over 18 year of age and no other credible evidence exists to the contrary.
D. The individual:
- prior to detention, gave a date of birth that would make them an adult and/or stated they were an adult; and
- only claimed to be a child after a decision had been taken on their asylum claim; and
- only claimed to be a child after they had been detained; and
- has not provided credible and clear documentary evidence proving their claimed age; and
- does not have a Merton compliant age assessment stating they are a child; and
- does not have an unchallenged court finding indicating that they are a child; and
- physical appearance / demeanour very strongly suggests that they are 18 years of age or over."
Lord Justice Bean:
Lady Justice Black:
Order: Appeal allowed