Case Law

The issue in the case focuses on the Defendant's determination of whether the Claimant is a child, as the effect of such a finding has an impact on a number of aspects of how he will be treated within the United Kingdom. The precise terms of the issue are themselves disputed: (1) The Claimant submits that his case is a challenge to the lawfulness of the decision of the Defendant, on 11 June 2021 ["the June determination"], that he was not a child. (2) The Defendant argues that these proceedings are, in fact, about their refusal to reassess the 11 June determination at some later date.

17 February 2022 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Children-at-risk - Evidence (including age and language assessments / medico-legal reports) | Countries: South Sudan - United Kingdom of Great Britain and Northern Ireland

26 January 2021 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Asylum policy - Children-at-risk - Economic, social and cultural rights - Reception | Countries: Greece

I have concluded that the evidence establishes that the children would, on a balance of probabilities, suffer serious harm if returned to their habitual residence of Kuwait. Ontario therefore may and should exercise jurisdiction to determine custody and access. I have also concluded that it was an error to order the return of the children pending the determination of their refugee claim.

29 July 2020 | Judicial Body: Canada: Court of Appeal for Ontario | Topic(s): Children's rights - Children-at-risk - Physical harm - Refugee status determination (RSD) / Asylum procedures | Countries: Canada - Kuwait

On 2 October 2018, the Supreme Court of Ukraine issued a decision allowing the payment of benefits upon birth after the delay for application to such benefits expired. Referring to the Convention of the Rights of the Child, the Court highlighted that this assistance is granted for the benefit of the child per se in order to ensure that he/she has access to proper material support. Therefore, the parent(s) [objective] impossibility of timely application for such benefits leads to a violation of the rights of the child.

2 October 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Children-at-risk - Right to registration at birth - Ukrainians | Countries: Ukraine

On appeal from [2014] UKAITUR AA048112013 (3 December 2014)

17 May 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Children-at-risk - Credibility assessment - Mentally disadvantaged persons - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

9 May 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1951 Refugee Convention | Topic(s): Children-at-risk - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

9 March 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Children-at-risk - Immigration Detention - Immigration law - Unaccompanied / Separated children | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

20 December 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1989 Convention on the Rights of the Child (CRC) | Topic(s): Acts of persecution - Children-at-risk - Convention on the Rights of the Child (CRC) | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland

2 August 2016 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Burden-sharing and international co-operation - Children's rights - Children-at-risk - Family reunification - Persons with disabilities - Regional instruments - Unaccompanied / Separated children | Countries: France - Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland

Original decision in Dutch attached.

18 July 2016 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Burden-sharing and international co-operation - Children-at-risk - Freedom from torture, inhuman and degrading treatment - Regional instruments | Countries: Italy - Netherlands