“…d for those who were assessed by Immigration Officers to be “clearly an adult” was set at 25 years following the judgment of the Court of Appeal in BF(Eritrea) [2019] EWCA Civ 872, [2020] 4 WLR 38. The Court held in that case that a provision in EIG 55.9.3.1 (reflected in the version of Assessing Age then in force) that the Home Office w…”
“… certain parole and prison hearings would result in systemic unfairness. A more recent example was R(BF (Eritrea)) v Secretary of State for the Home Department [2019] EWCA Civ 872; [2020] 4 WLR 38 where it was held that policy and guidance contained in a sub-paragraph of Enforcement Instructions and Guidance relating to age assessments o…”
“…. He submits that in light of a number of cases decided after Swift J’s judgment (including FB(Afghanistan) v SSHD [2020] EWCA Civ 1338 and BF (Eritrea) v SSHD [2019] EWCA Civ 872), the appropriate test for determining whether there is systemic illegality in the present case is to ask whether there is a real (as opposed to a fanciful) ri…”
“…ignificant number of cases” (per Baroness Hale at [54] and [61], and per Lord Neuberger at [101]). R(BF (Eritrea)) v Secretary of State for the Home Department [2019] EWCA Civ 872; [2020] 4 WLR 38 concerned the application of the Secretary of State’s policy/guidance with regard to age assessments in the context of administrative detentio…”