An asylum seeker has secured the right to receive support and accommodation from his local authority while awaiting the outcome of his application to challenge an age assessment that claimed he was 22. 

Background of the Case 

The asylum seeker, referred to as C, hails from Iran and arrived in the UK by boat in September 2021. Initially, he informed the Home Office that he was 16 years old but later changed his age to 19, fearing accusations of lying about his age. 

Home Office and Age Assessment 

The Home Office assigned C a date of birth of 26 February 2002, placing him in adult Home Office hotel accommodation. He subsequently requested an age assessment, asserting his actual date of birth was 25 February 2005. Initially accommodated as a child pending this assessment, a later evaluation in September 2022 concluded he was 22, assigning a date of birth of 25 February 2000. Consequently, he was moved to a hotel room shared with four adult males. 

Judicial Review and Local Authority’s Duty 

In April 2023, C was granted permission to apply for judicial review of the age assessment decision. The local authority acknowledged that if C’s claimed date of birth was accurate, he would have been in its care for at least 13 weeks before his eighteenth birthday, qualifying him as a former relevant child entitled to support as a care leaver until age 21 under the Children Act 1989. 

High Court Decision 

The High Court granted a mandatory interim injunction requiring the local authority to accommodate and support C as an asylum seeker. The court recognized that although specific vulnerability wasn’t required, C had endured a traumatic journey, was illiterate, non-English speaking, alone in the UK, and had just turned 18 according to his claimed date of birth. The court determined he would benefit from statutory support as a care leaver, with no safeguarding issues since he wouldn’t be placed with younger children in local authority accommodation. 

Balancing Convenience 

The local authority would need to divert resources from other looked after children. However, the risk of injustice if C was treated as an adult but later vindicated regarding his claimed age and care leaver status warranted interim relief. The balance of convenience favored granting this relief, despite the finely balanced nature of the case. 

Case Reference: 

H v Newham LBC 
King’s Bench Division (Administrative Court) 
17 May 2023 
Deputy High Court Judge Padley