PART 4Age Assessments

I154Appeals relating to age assessments

1

This section applies if—

a

an age assessment is conducted on an age-disputed person (“P”) under section 50 or 51, and

b

the decision-maker decides that P is an age other than the age that P claims (or is claimed) to be.

2

P may appeal to the First-tier Tribunal against the decision-maker’s decision.

3

On the appeal, the Tribunal must—

a

determine P’s age on the balance of probabilities, and

b

assign a date of birth to P.

4

In making the determination, the Tribunal may consider any matter which it thinks relevant, including—

a

any matter of which the decision-maker was unaware, and

b

any matter arising after the date of the decision appealed against.

5

A determination on an appeal under subsection (2) is binding—

a

on the Secretary of State and immigration officers when exercising immigration functions in relation to P, and

b

on a local authority that has exercised or may exercise functions under relevant children’s legislation in relation to P.

6

This section is subject to—

a

section 55 (appeals relating to age assessments: supplementary), and

b

section 56 (new information following age assessment or appeal).