“Where a court was considering whether to grant permission to proceed with a claim for judicial review of a local authority’s decision in an age assessment case the court should ask whether the material before it raised a factual case which, taken at its highest, could not properly succeed in a contested factual hearing. If so, permission should be refused. If not, permission should normally be granted, subject to other discretionary factors, such as delay. It was axiomatic that an unaccompanied asylum seeker who claimed to be a child should be given, where an assessment of his age was being conducted by a local authority, a fair and proper opportunity, at a stage when a possible adverse decision was no more than provisional, to deal with important points adverse to his age case which weighed against him.”
WLR Daily, 2nd February 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.