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Immigration—Detention—Minor

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18 July 2013
Issue: 7569 / Categories: Case law , Law reports , In Court
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R (on the application of AA) v Secretary of State for the Home Department [2013] UKSC 49, [2013] All ER (D) 117 (Jul)

Supreme Court, Lord Neuberger P, Lord Clarke, Lord Wilson, Lord Carnwath and Lord Toulson SCJJ, 10 Jul 2013

The Supreme Court, in holding that the defendant home secretary did not act unlawfully when she detained a 17-year-old illegal immigrant in the mistaken but reasonable belief that he was aged over 18, partially disapproved the decision in AAM (a child acting by his litigation friend, FJ) v Secretary of State for the Home Department [2012] All ER (D) 175 (Sep).

Stephen Knafler QC & Shu Shin Luh (instructed by South West Law) for the appellant. Robin Tam QC & Susan Chan (instructed by the Treasury solicitor) for the secretary of state.

The appellant was an Afghan national. He arrived in the UK concealed in a lorry. He claimed to be aged 14 and applied for asylum. Local authority social workers carried out an age assessment and concluded that he was

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