Nationality and Borders Act 2022

54 Appeals 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).