OAM, R (on application of) v Sheffield City Council
[2024] EWHC 2671 (Admin)
SH, R (on the application of) v Sheffield City Council
24 October 2024
[2024] EWHC 2669 (Admin)
High Court
A young Afghan man challenged a council decision saying he was an adult, not a child. The court reviewed the council's process for determining his age. The court decided the council's process, while maybe not perfect, wasn't unfair enough to overturn their decision that he was an adult.
Key Facts
- •Claimant, an Afghan national, claims birthdate of 26 November 2006. Home Office assessed him as born 26 November 1997.
- •Sheffield City Council conducted a brief age assessment concluding the claimant was over 25.
- •Claimant challenges the assessment's procedural fairness and the council's age assessment process.
- •The claim includes requests for declarations of procedural unfairness, a quashing order, a mandatory order for a full assessment, and a declaration of the claimant's birthdate.
Legal Principles
Two elements to age assessment challenges: traditional judicial review grounds and factual age question.
R (on the application of Pishtian Karimi) v Sheffield City Council [2024] EWHC 93 (Admin)
Permission for judicial review refused unless an arguable ground with a realistic prospect of success exists.
The Administrative Court, Judicial Review Guide 2024
Test for interim relief considers factors such as swift application, hardship, balance of convenience, and public interest.
The Administrative Court Guide, paragraphs 16.6.1 and 16.6.2
In age assessments, reliance on physical appearance and presentation is permissible in appropriate cases.
Case law cited in section 46
Outcomes
Permission to apply for judicial review refused.
The court found no arguable grounds with a realistic prospect of success. Challenges to the council's process were deemed fact-specific and lacked merit. The claimant's challenge to the factual determination of age was also unsuccessful.
Interim relief refused.
The refusal of permission for judicial review rendered the interim relief claims moot. Even if permission were granted, the court would have refused interim relief due to lack of swift application, absence of real hardship, balance of convenience, and public interest factors.
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