R (AA (Afghanistan)) v Home Secretary


Practice Areas

Public Law

Cases Citation

[2013] UKSC 49, [2013] 1 WLR 2224

The appellant claimed to be a child, but a local authority assessed him to be an adult. The Home Secretary acted on the basis of that assessment and detained him for removal. Later, a different local authority assessed him to be a child. Had the Home Secretary’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009 regarding the need to safeguard and promote the welfare of children been breached when he was detained, so as to make his detention unlawful?

Related Barristers

Robin Tam QC

Robin Tam QC
Year of Call: 1986
Year of Silk: 2006