Title R (on the application of BF (Eritrea)) (Respondent) v Secretary of State for the Home Department (Appellant) [2021] UKSC 38
Publisher United Kingdom: Supreme Court
Publication Date 30 July 2021
Country Eritrea | United Kingdom of Great Britain and Northern Ireland
Topics Asylum policy | Evidence (including age and language assessments / medico-legal reports)
Cite as R (on the application of BF (Eritrea)) (Respondent) v Secretary of State for the Home Department (Appellant) [2021] UKSC 38, United Kingdom: Supreme Court, 30 July 2021, available at: https://www.refworld.org/cases,UK_SC,614c9c774.html [accessed 18 May 2023]
Comments The issues in the appeal are (1) whether the Court of Appeal erred in law in assessing the lawfulness of the policy guidance by reference to whether it (a) created a real risk of more than a minimal number of children being detained, and/or (b) created a risk which could be avoided if the terms of the policy were better formulated; and (2) whether the Court of Appeal erred in concluding that criterion C, as construed in the context of the relevant policy as a whole, is unlawful.
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