Eritrean asylum seeker wins age assessment case in High Court

Leicestershire social workers incorrectly assessed an Eritrean asylum seeker as an adult when he was in fact still a minor, the High Court has ruled.

Appellant C brought a case against Leicestershire County Council and the Home Office in which he argued that he was 16 when he arrived in the UK and not 21 as he was assessed by social workers.

If aged under 18 C would be able to challenge Home Office assessments of his status, and his detention from 24 June 2015 would be unlawful.

C had argued that his age assessment was unlawful because it was not ‘Merton compliant’ by being procedurally unfair, and also that it was factually incorrect.

When he first made the challenge HHJ Dight refused permission on both grounds.

Subsequently May J gave permission on the second ground.

Giving his judgment, Sir Stephen Silber accepted that C was born as he claimed on 5 May 1999 and so had been 16 on arrival.

Sir Stephen said: “Having watched and heard him give evidence and being skilfully cross-examined, I am quite satisfied that he was an honest witness whose evidence I could accept on these matters. The quality of his evidence was much superior to that of [social worker] who had no real recollection of the relevant matters.

“The thrust of the claimant's case is that he was in Grade 10 when he decided to leave Eritrea to avoid conscription. Because of the importance of this issue, I have considered with great care if it was true. I have come to the clear conclusion having seen and heard the claimant giving evidence that it is true not merely because I consider that the claimant was a truthful witness, but also because, as I have explained, there was much supporting evidence that young Eritreans were terrified of being conscripted and also that at the end of Grade 10, the first steps were being taken to recruit those who will be conscripted.”

Leicestershire had no comment on the matter.