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Detention of child unlawful despite reasonable belief that over 18

R (Abdul Muttelab Awed Ali) v Secretary of State for the Home Department [2017] EWCA Civ 138

Related Member(s):
Chris Buttler QC
Related Practice Area(s):
Immigration, Asylum and Free Movement, Public Law

The question was whether the detention of a child was lawful where a detainee on reasonable grounds had been assessed as over the age of 18, but later it was discovered that the detainee was a child under 18. The Secretary of State’s appeal was dismissed.

Chris Buttler was involved in this case.