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.
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court. For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
