Claim No: CO/571/2022
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
His Honour Judge Williams
The Queen on the application of
COVENTRY CITY COUNCIL
BEFORE His Honour Judge Williams sitting as a High Court Judge at Birmingham Civil and
Family Justice Centre on 5 July 2022 UPON considering the renewed application for permission to apply for judicial review and interim relief
AND UPON hearing counsel for the Claimant, Mr Gardner, and counsel for the Defendant, Mr Alomo
IT IS ORDERED:
Permission to rely on statement
1. The Claimant has permission to admit and rely upon the statement of Roya Farhoudi _ Moghaddam, dated 28 June 2022.
Permission to Apply for Judicial Review
2. Permission to apply for judicial review is granted on:
a) Ground 1, limited to the lawfulness of the abbreviated assessment on the basis of a lack of acknowledgement of the margin for error and lack of proper appropriate adult; and
b) Grounds 2 and 3, related to the factual determination of the Claimant’s age.
3. Pending final determination of the Claimant’s age or further order, the Defendant shall as soon as practicable, provide the Claimant with accommodation and support as required under sections 17 and 20 of the Children Act 1989.
4. Pursuant to CPR 39.2, the Claimant shall be anonymous in these proceedings and shall be identified as ‘Y’.
5. The claim shall be transferred to the Upper Tribunal (Immigration and Asylum Chamber) for determination of the Claimant’s age.
6. The Upper Tribunal shall make directions for the future management of the claim.
7. Costs reserved.