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18 July 2013
Issue: 7569 / Categories: Case law , Law reports , In Court
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Immigration—Detention—Minor

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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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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