Have a question?
033 3772 0409

News

Judicial Review issued challenging Age Assessments at Kent Intake Unit (12 February 2021)

Date: 12/02/2021
Duncan Lewis, Main Solicitors, Judicial Review issued challenging Age Assessments at Kent Intake Unit

Our client, ‘BFZ’, challenges the decision of the Secretary of State for Home Department (SSHD) to assess his age as being over 25 years old upon arriving in the United Kingdom to claim asylum, and the subsequent decision to detain him under immigration powers at Yarl’s Wood, Harmondsworth and Brook House Immigration Removal Centres (IRCs).


Background

BFZ is a national of Sudan who is 17 years old. He arrived in the United Kingdom in September 2020, alongside a group consisting primarily of children. On arrival to the Kent Intake Unit (KIU), each member of the group was told, in a matter of minutes, that they were over 25 years old and were to be held in the KIU to await a further transfer. BFZ disputed his given age and stated that his real age was 17 years old.

BFZ was shortly thereafter transferred to Yarl’s Wood IRC where he received his screening interview, before being moved to Harmondsworth IRC and then to Brook House IRC. Shortly after his referral to Duncan Lewis Solicitors by Medical Justice, BFZ was subjected to two attempts to remove him under the Dublin III Regulations.

In total, BFZ was detained for over one month. During this time frame, his mental health significantly deteriorated, and he was placed on ACDT (Suicide Watch). He was acknowledged by the SSHD to be a victim of torture following a Rule 35(3) assessment while at Brook House. This assessment was delayed for over two weeks, despite concerns already noted in his screening interview, after the healthcare team at Brook House assigned his referral to a different detainee in error.

Upon his release, BFZ was referred to social services who agreed to take him into their care pending an age assessment. Following this assessment, his age has now finally been accepted as 17 years old.


Legal background

There is a general prohibition on the detention of children. Following the judgment of BF (Eritrea) v Secretary of State for the Home Department [2019] EWCA Civ 872, the SSHD implemented new guidance entitled ‘Assessing Age’ in which she confirmed that that immigration officers should give individuals claiming to be children the benefit of the doubt unless they believe that the individual is significantly over 25 years old.

On 17 August 2020, Kent County Council announced that they no longer had capacity to support unaccompanied asylum-seeking minors who arrived in their jurisdiction. They later confirmed on 7 December 2020 that they could resume taking care of unaccompanied minors.

It is understood that during this four-month time frame, many dozens of children have been summarily found to be significantly over 25 years old.

This has had a significant impact, as these children then became liable to both detention and removal.


Grounds as issued

BFZ issued judicial review proceedings on 18 December 2020 and this case currently remains pre-permission.

BFZ challenges what appears to be a routine misapplication of the Home Office guidance issued following BF (Eritrea). We are deeply concerned that through administrative convenience, many children have been subjected to unlawful and irrational age assessments that may have led to harmful outcomes, including unlawful detention, removal and being placed in inappropriate accommodation alongside adults. It is not currently clear how many children may have been unlawfully detained, removed or accommodated as a result of this misapplication of the policy.
BFZ was more fortunate as he was assisted by Medical Justice and his local authority in establishing his correct age, otherwise he would have been subjected to further detention and later removed. However, we remain very concerned that other children might not have the same access to this support and we would therefore appreciate any information or evidence from organisations or individuals about children who have been unlawfully age assessed in this same way.


Representation

Solicitor Jamie Bell of Duncan Lewis Solicitors with counsel Adrian Berry of Garden Court Chambers.

Jamie can be contacted by email at: jamieb@duncanlewis.com


Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.