R GE (Eritrea) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Lord Justice Laws |
| Judgment Date | 20 March 2014 |
| Neutral Citation | [2014] EWCA Civ 589 |
| Docket Number | C4/2013/2473 |
| Court | Court of Appeal (Civil Division) |
| Date | 20 March 2014 |
[2014] EWCA Civ 589
Lord Justice Laws
C4/2013/2473
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand
London, WC2A 2LL
Mr H Southey QC appeared on behalf of the applicant
The Respondent did not appear and was not represented
This is an application for permission to appeal against a decision of Mr Ockelton sitting as a Deputy High Court Judge in the Administrative Court by which on 26 July 2013 he dismissed the Applicant's claim for judicial review. Permission to appeal to this court was refused on consideration of the papers by Davis LJ on 2 December 2013.
The Applicant is a national of Eritrea who arrived in the United Kingdom in May 2011. She claimed to be a minor born on 27 September 1994. She claimed asylum alleging a fear of persecution if she were returned to Eritrea. The Secretary of State treated her as an adult and on 11 July 2011 refused her claim to asylum. The proceedings were originally launched against the Secretary of State and various interlocutory applications followed.
On 18 August 2011, the Applicant's solicitors wrote to the Bedford Borough Council asserting that the Applicant was a child in need. In late August 2011, the Council assessed her date of birth as 27 September 1990 which, of course, would have meant that she was an adult at the time of her arrival in the United Kingdom. The Council were joined in the proceedings. On 9 October 2011, Thirlwall J ordered the Applicant's release from administrative detention and ordered also that the Secretary of State provided her with NASS support and accommodation.
On 23 March 2012, Foskett J stayed the proceedings as against the Secretary of State. On 5 December 2012, Walker J granted judicial review permission against the Council.
The learned Deputy Judge succinctly stated the issue in the judicial review claim against the Council thus. It is going to be paragraph 6 of the judgment:
"The Claimant's present claim is that the Council presently owes her duties as a "former relevant child" under section 3C and following of the Children Act 1989. As she is now admittedly over 18, it is clear that the Council presently owes her none of the duties that local authorities have to minors."
The Deputy Judge then proceeded as follows:
"During the time that the Claimant claimed she was a minor, there were age assessments conducted by the Council: but the Council performed none of the duties that it owed to her by statute if she was a minor. For the avoidance of doubt I note that carrying out an age assessment is not itself such a duty: see R (R) v London Borough of Croydon [2013] EWHC 4242 (Admin) at [29]...
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