Podcast Location:
Download it here [file size: 29.1 MB]
Part of:
Assessment & Decision Making in Children Cases CPD Training Bundle
Categories:
Immigration and Asylum Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two-part CPDcast series is aimed at those interested in how the correct age of young asylum seekers will be determined and when local authority decisions on these cases can be challenged.

Part One will consider the issue of age assessment and its importance, it will then look at the legal position before and after the case of R (A) v Croydon before starting to look at who will be the relevant defendant for the purposes of a fact finding hearing.

Part Two will look at the standard and burden of proof in age dispute cases, the role medical and documentary evidence has played in recent cases, a consideration of the courts approach since the decision in R (A) v Croydon, the approach of the UK Border Agency to these cases and why these cases are being transferred. It will then look at how to prepare an age dispute claim, giving guidance to practitioners on the practical steps to be taken.

Outcomes:
After completing the course you will:
  • Know what the standard and burden of proof is in age assessment cases;
  • Understand the relevance of medical and documentary evidence in these cases;
  • Be aware of some of the pertinent decisions in the context of individuals challenging decisions as to their age;
  • Know how the UK Border Agency will approach age disputes;
  • Understand the appropriate venue in which age dispute judicial reviews are now being heard;
  • Know how to best prepare an age dispute claim.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • (A) v LB Croydon and (WK) v Kent CC [2009] EWHC 939 (Admin); [2010] 1 F.L.R. 193;
  • “Age disputes – Child or not?” (Azeem Sutterwalla) in Children in need: local authority support for children and families, LAG 2010, available at www.lag.org.uk/books;
  • “Practice Guidelines for Age Assessment of Young Unaccompanied Asylum Seekers”;
  • Children Act 1989;
  • Immigration Law Practitioners‟ Association research report When is a child not a child? Asylum, age disputes and the process of age assessment, Heaven Crawley, May 2007;
  • Puhlhofer v Hillingdon LBC (1986) 84 LGR 385;
  • R (A) v Camden LBC [2010] EWHC 2882 (Admin);
  • R (A) v LB Croydon [2008] EWHC 2921 (Admin); [2009] 2 F.L.R. 173;
  • R (A) v LB Croydon [2009] UKSC 8; [2009] 1 WLR 2557;
  • R (A) v LB Croydon and (WK) and Kent CC [2009] EWHC 939 (Admin); [2010] 1 F.L.R. 193;
  • R (A) v LB Croydon and R (M) v LB Lambeth [2009] 1 WLR 2557;
  • R (B) v Merton LBC [2003] EWHC 1689 (Admin); [2003] 4 All E.R. 280; [2003] 2 F.L.R. 888;
  • R (CJ) Cardiff City Council [2011] EWHC 23 (Admin);
  • R (F) v Lewisham LBC and others [2009] EWHC 3542 (Admin);
  • R (FZ) v London Borough of Croydon [2011] EWCA Civ 59;
  • R (I and O) and SSHD [2005] EWHC 1025 (Admin);
  • R (MC) v Liverpool City Council [2010] EWHC 2211 (Admin);
  • R (NA) v Croydon [2009] EWHC 2357 (Admin);
  • R (P) v London Borough of Croydon [2009] EWHC 1993 (Admin);
  • R (PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin) at [57];
  • R (Prenga) v LB Barnet [2010] EWHC 1765 (Admin);
  • R (T) v London Borough of Enfield [2004] EWHC 2297 (Admin);
  • R (Wilkinson) v Broadmoor Special Hospital Authority [2002] 1 WLR 419;
  • R v The London Borough of Croydon [2011] EWHC 1473 (Admin);
  • Senior Courts Act 1981;
  • Tanveer Ahmed v SSHD [2002] UKIAT 439; [2002] Imm AR 318;
  • Tribunal Procedure (Upper Tribunal) Rules 2008;
  • Tribunal, Courts and Enforcement Act (TCEA) 2007.
Tags:

This two-part podcast series considers the difficult issue of how to correctly determine the age of young asylum seekers and other migrants coming to the UK and how to understand and challenge the local authority’s decision. Azeem Sutterwalla from Doughty Street Chambers will set out the legal position and relevant authorities in Age Assessment cases and how practitioners can best prepare an age dispute claim.

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