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23/05/2019
UK: Court of Appeal ruled on the age assessment policy of the Home Office

ECLI
Input Provided By
EUAA IDS
Source
Bailii
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); European Convention on Human Rights; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;
Reference
United Kingdom, Courts of Appeal (England, Wales, Northern Ireland), Court of Session (Scotland) (Cassation instance), B.F. (Eritrea) v Secretary of State for the Home Department, Neutral Citation Number: [2019] EWCA Civ 872 Case No: C2/2017/2550, 23 May 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=736
Case history
Related cases:
Abstract

This is the case of an applicant national of Eritrea that on 11 March 2014 he presented himself to police at Tunbridge Wells. He told them that he had arrived in the UK earlier that day in the back of a lorry. He said his date of birth was 15 February 1998, in which case he would have been aged 16. He said that he wanted to claim asylum. He was seen by an assistant immigration officer and a chief immigration officer, both of whom believed that he was substantially over 18: the chief immigration officer described his physical appearance as being that of "an adult in his mid-twenties". EURODAC inquiries revealed that he had previously claimed asylum in Italy, having arrived on Lampedusa in June 2013.

Country of Decision
United Kingdom
Court Name
UK: Courts of Appeal (England, Wales, Northern Ireland), Court of Session (Scotland) (Cassation instance)
Case Number
Neutral Citation Number: [2019] EWCA Civ 872 Case No: C2/2017/2550
Date of Decision
23/05/2019
Country of Origin
Eritrea
Keywords
Assessment of Application
Credibility
Detention/ Alternatives to Detention
Dublin procedure