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UK Tribunal Rules Sudanese Asylum Seeker Is 15, Overturning Councils’ Adult Assessments

The judge favored electronic Sudanese birth records with cultural context over appearance-based assessments.

Overview

  • The Upper Tribunal found the anonymised claimant, known as M or MM, more likely to be 16 at the date of the hearing after he said he was born in 2009.
  • Westminster City Council’s brief enquiry had put him at about 24 based on a receding hairline, deep voice, and a mature jawline, with Hammersmith & Fulham later upholding that view.
  • Hammersmith & Fulham cited his confidence in interview and lack of visible emotion when discussing leaving his parents as indicators of adulthood.
  • Judge Melissa Canavan accepted images of a Sudanese birth certificate and Civil Registration Certificate, finding their provenance plausible and explaining date inconsistencies through local recording practices.
  • The tribunal ordered Westminster City Council to pay the claimant’s legal costs, with his asylum status not disclosed, and the ruling echoes recent cases questioning reliance on demeanour and physical features.