Joint-Head of the immigration and public law team, Samina Iqbal, has secured permission to apply in a judicial review claim in the High Court challenging a local authority’s age assessment of the Claimant following an oral renewal of the claim. The Statement of Facts and Grounds was initially drafted by Jeremy Frost, also a practitioner in the immigration and public law team as well Chambers’ family team.
A copy of the judgment granting permission, which was handed down on 3rd May 2023, can be accessed here.
Permission was granted on all grounds pursued:
1. The Judge found that it was arguable that the age assessment was flawed due to procedural unfairness and a failure to ensure compliance with the principles established by the leading case of R(B) v London Borough of Merton [2003] 4 All ER 280; [2003] EWHC 1689 (Admin) and re-affirmed in subsequent caselaw. The Defendant local authority had arguably failed to give the Claimant, in a ‘minded-to interview’, the opportunities to explain purported inconsistencies in his account and to respond to issues considered by the Defendant as likely to result in adverse findings against the Claimant.
2. The Judge found the Defendant arguably failed to consider relevant matters, including the Claimant’s experiences as a likely or a potential victim of trafficking/modern slavery, when considering questions of credibility and concerns that the Claimant had given an inconsistent account.
The judgment is also useful in relation to an application to extend time for lodging the judicial review claim and the Claimant’s interim relief application considered following the grant of permission.
Samina and Jeremy were instructed by Bhatia Best Solicitors.
Related barristers: Samina Iqbal, Jeremy Frost
Related practice areas: Immigration and Public Law
