Displaced Sudanese arrive in Gedaref. More than 10 million people are internally displaced within war-torn Sudan
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UK immigration judges have granted a Sudanese asylum seeker a 'child status' despite strong evidence and physical assessments suggesting he is an adult. The ruling has caused a nationwide heated debate, with many critics questioning the age assessment process.

The case centres around a Sudanese migrant who arrived in the UK in September 2023, seeking refuge after fleeing Sudan's war and claimed to be 16 years old. However, the Home Office and the London Borough of Hounslow, where he was placed, disputed his age.

Despite providing the assessment process results, the judges ruled in favour of the Sudanese migrant and said that it was 'more likely than not that [the asylum seeker] has provided a true account of his age and date of birth.'

The Case: A Disputed Age

According to reports, the Sudanese migrant arrived in the UK via a small boat after passing through Libya, Tunisia, Italy, and France. Upon his arrival, he gave his birth date as 3 April 2007, making him 16 years and six months old. However, the Home Office and Hounslow officials immediately questioned his age.

An age assessment by the London Borough of Hounslow described the asylum seeker as having a 'receding hairline,' 'thick facial hair,' and 'crow's feet,' all typically associated with older individuals. Further assessment showed that the migrant had forehead lines and a broad chest, supporting their belief that he was at least 23 years old.

Hence, based on these physical markers, the council initially placed the migrant in adult asylum accommodation. However, the asylum seeker's legal team challenged the decision, and in December 2023, the court ruled in his favour, ordering the Home Office's age assessments to be disregarded.

The order, which was given by Judge Hugo Norton-Taylor and Judge Sarah Pinder, said, 'It is declared that the applicant's date of birth is 3 April 2007. [Hounslow council] shall hereafter treat the applicant in accordance with his claimed age and provide him with support and services on that basis in accordance with the Children Act 1989.'

The judges also ordered the council to pay more than £30,000 towards his legal fees.

The Fallout: Calls for Reform

A furious response to the ruling has emerged, with critics pointing out the UK's lack of scientific age verification methods.

Currently, the UK relies on physical assessments, but many argue these can be inaccurate or misleading. Reform UK MP Lee Anderson has argued that judges who allow adults to claim they are children should be 'removed and disbarred immediately.'

'The days of Government corruption without consequences are over. Only Reform UK will hold these individuals accountable. Immigration tribunal lawyers defying Home Office rulings? Completely unacceptable. Adults must be treated as adults and should not be costing local councils thousands in legal fees,' Anderson told a media publication.

The Shadow Home Secretary, Chris Philp, also criticised the ruling, saying, 'This is a ludicrous decision. This man was assessed by the Home Office as aged between 23 and 25 - and now he might be placed in educational settings alongside teenage girls.'

'This poses obvious safeguarding risks. We are the only country in Europe not to use scientific age assessment techniques, such as x-rays of the wrist,' Philip added.

PM's Concern Over Legal Loopholes

This case is one of many controversial immigration rulings in the UK which have been scrutinised increasingly.

Labour's Keir Starmer was elected on a platform that included fixing the NHS
'It should be Parliament that makes the rules on immigration,' UK Sir PM Keir Starmer said during Prime Minister's Question. AFP News

Recently, Sir Keir Starmer, during Prime Minister's Questions, pledged to close what he called a 'legal loophole' that allowed a Palestinian family of six to remain in the country under the Ukrainian refugee scheme. 'It should be Parliament that makes the rules on immigration. It should be the government that makes the policy, that is the principle, and the home secretary is already looking at the legal loophole which we need to close in this particular case,' the PM said.

In response to the Sudanese asylum seeker's ruling, Tory MP Jack Rankin wrote on X, 'Each and every day, more dangerous precedent seems to be set. We should simply abolish immigration tribunals. If you lie about your age, you should be refused asylum, not supported by the state with £30k in legal fees and backed by activist judges.'

Both the Sudanese asylum seeker's case and the Gaza family case have drawn attention to the potential flaws in the asylum system.

Meanwhile, according to a report, the UK government is reviewing how human rights laws are applied in asylum cases, focusing on age assessments.