Antonia Benfield successful in the Court of Appeal in a challenge on behalf of an age disputed child

Antonia Benfield was successful in the Court of Appeal in a challenge on behalf of an age disputed child challenging a decision of the High Court refusing permission for judicial review and recording the claim as “totally without merit.” 

The client “B” is an unaccompanied asylum seeker from Eritrea who claims to be a child. B claimed asylum and was referred by the Refugee Council to Derby Social Services on the basis that he was a child in need within their area. Derby conducted a visual age assessment of B and concluded that he was “clearly an adult” on the basis of his physical appearance and not entitled to support under the Children Act 1989. A claim for judicial review was issued challenging the lawfulness and rationality of that decision.  The Administrative Court refused permission for judicial review and certified the claim as totally without merit.

The Judge was fortified in the view that B was clearly an adult on the basis of photographic evidence submitted by the local authority in the course of the claim, which was suggested to indicate that B could not be a child as claimed. The appeal to the Court of Appeal challenged the approach of the Administrative Court in the use of photographic evidence to determine whether a claim was arguable in the context of a public law challenge to an age assessment. The Court of Appeal Judge ordered that permission should be granted and the case returned to the Administrative Court for substantive hearing.

Antonia, instructed by Edward Taylor of Osbornes Solicitors, represented B both in the Administrative Court and Court of Appeal.