The claimant asylum seeker challenged a decision that he was over 18 years old. The tribunal had found him over 18, but he sought to bring additional evidence to the authority to gainsay that finding. The authority said that it was bound by the tribunal’s decision.
Held: The claim succeeded. The decision made by the Immigration tribunal was not a decision in rem, and it was not binding on the authority. The obligations falling on an aiuthority under the 1989 Act were not those of convcerne to the Tribunal. An authority looking at such a questions must admit new evidence as appropriate.
Hickinbottom J
[2010] EWHC 2056 (Admin), [2010] WLR(D) 229
Bailii, WLRD
Children Act 1989 17 20
England and Wales
Updated: 12 July 2021; Ref: scu.421360
