R (on the application of BF (Eritrea)) (Respondent) v Secretary of State for the Home Department (Appellant)
Case ID: UKSC 2019/0147
Case summary
Issue
(1) What is the test that the court must apply to determine the lawfulness of policy issued by HM Government in relation to the treatment of asylum seekers who claim to be children.
(2) Whether the Home Department’s policy relating to an initial assessment of the age of asylum-seekers claiming to be children is lawful.
Facts
BF is a national of Eritrea and an asylum seeker who presented himself to police claiming that he was 16 years old. The immigration officers who saw him believed him to be substantially over 18, describing his physical appearance as that of an adult in his mid-twenties. He had previously claimed asylum in Italy, where he had given his age as 26. BF was held in immigration detention pending his return to Italy and continued to claim that he was a minor. Two formal age assessments found him to be an adult, but a third found him to be 16. Save in limited circumstances, it is unlawful for the Home Department to detain an unaccompanied child. BF applied for judicial review of the decision to detain him on the ground that the Home Department’s policy, which provided that a person claiming to be a child could be treated as an adult if immigration officers considered that their physical appearance very strongly suggested that they are significantly over 18, is unlawful.
BF’s judicial review claim was rejected by the Upper Tribunal. The Court of Appeal allowed BF’s appeal by a majority. The SSHD appeals the Court of Appeal’s decision.
Judgment appealed
Parties
Appellant(s)
Secretary of State for the Home Department
Respondent(s)
BF (Eritrea)
Appeal
Justices
Lord Reed, Lord Lloyd-Jones, Lord Briggs, Lord Sales, Lord Burnett
Hearing start date
16 March 2021
Hearing finish date
16 March 2021
| Watch hearing | ||
|---|---|---|
| 16 Mar 2021 | Morning session | Afternoon session |
Judgment details
Judgment date
30 July 2021
Neutral citation
[2021] UKSC 38
| Watch Judgment summary | |
|---|---|
| 30 Jul 2021 | Judgment summary |
Reporting Restrictions
R (on the application of BF (Eritrea)) (Respondent) v Secretary of State for the Home Department (Appellant)
Case ID: UKSC 2019/0147
There are strict reporting restrictions in place, because:
THE COURT ORDERED that no one shall publish or reveal the name or address of the Respondent who is the subject of these proceedings or publish or reveal any information which would be likely to lead to the identification of the Respondent or of any member of his family in connection with these proceedings.