Two Illegal Immigrants Who Posed As Children Win High Court Battle Against Brent Council
Illegal immigrants who pretended to be children won a High Court battle against Brent council because they were put in ‘adult accommodation’. That’s despite the fact both of them are over 24. They both arrived by boat last year.
Illegal immigrants who posed as children won a High Court battle with Brent council for leaving them in adult accommodation – despite them both now being ruled as being over the age of 24.
They arrived in the UK by dinghy in August and September last year and were placed in the Holiday Inn, in Wembley.
The Home Office decided to house them in the hotel, which was was designated for adults and had around 180 illegal immigrants already there.
One was from Afghanistan and the other from Sudan and it was believed they were all over 25.
But later they contacted Brent Council saying they were children and the council agreed they should all have age assessments.
At the High Court Judge Mr Justice Poole ruled the council had acted unlawfully, because it did not treat them as minors from that moment.
He said that because the council had agreed they should be age-assessed, it triggered statutory guidance that meant they should be treated as minors until the tests came back.
This is despite the fsct that the age-assessments later ruled the illegal immigrant from Afghanistan was 24 and the illegal immigrant from Sudan was 25.
The Lomdon based judge outlined his reasoning in a written ruling published on Monday after considering arguments at a High Court hearing earlier this month.
He said: “There was no evidence ‘putative children’ at the hotel were ‘safeguarded against risk from adult strangers’ and no evidence that any account was taken of promoting the three asylum-seekers’ welfare.”
Lawyers representing the council told the judge that the illegal immigrants had been provided with appropriate accommodation and said their ‘physical appearance and demeanour’ were strongly suggestive of an ‘adult male of at least 25 years old.
The council could face costs and relief payments now the judgement has been published.
Earlier this month it was announced illegal immigrants could face ‘X-rays checks’ to test their age before they are given asylum to ensure they are not lying.
The amendments under the National and Borders Bill will allow X-rays of the forearm bones, which report the maturity of the skeletal system.
They are only believed to be used on illegal immigrants who the Border Force suspect to be lying about their age; to boost their chances of asylum, which ultimately is only as reliable as the person performing the checks.
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