Camau cyfreithiol
Protecting children seeking asylum from being detained based on appearance
Wedi ei gyhoeddi: 19 Rhagfyr 2018
Diweddarwyd diwethaf: 23 Mai 2019
I ba wledydd mae hyn yn berthnasol?
Manylion yr achos
| Nodwedd warchodedig | Oed |
|---|---|
| Mathau o hawliadau cydraddoldeb | Other |
| Llys neu dribiwnlys | Llys Apêl (Sifil) |
| Rhaid dilyn y penderfyniad i mewn | Lloegr, Cymru |
| Mae'r gyfraith yn berthnasol i | Lloegr, Alban, Cymru |
| Cyflwr yr achos | Wedi gorffen |
| Ein cyfranogiad | Ymyrraeth (adran 30 o Ddeddf Cydraddoldeb 2006) |
| Canlyniad | Barn |
| Meysydd o fywyd | Ceiswyr lloches a ffoaduriaid, Cyfiawnder a diogelwch personol |
| Gyfraith Hawliau Dynol | Erthygl 5: Hawl i ryddid a diogelwch |
| Fframwaith rhyngwladol | Confensiwn ar Hawliau’r Plentyn (CRC) |
Enw achos: BF (Eritrea) v Secretary of State for the Home Department
A person seeking asylum arrived in the UK at the age of 16. Officials thought he looked over 18 and he was held in immigration detention. He was later found to have told the truth about his age. The Home Office’s own rules say that unaccompanied children should not be detained. The person seeking asylum unsuccessfully challenged this in the First-tier Tribunal (Immigration and Asylum Chamber), and again in the Upper Tribunal. He then appealed the UT’s decision in the Court of Appeal. We intervened in the Court of Appeal to challenge guidance from the Home Secretary which said that people seeking asylum who look over 18 can be treated as adults.
Mater cyfreithiol
Is the practice of visually assessing the age of children seeking asylum unlawful?
Pam roedden ni'n cymryd rhan
The Home Secretary has given guidance to officials which says that if a person seeking asylum looks over 18 then they can be treated as an adult. We know that this had led to children being held in immigration detention, which breaks the Home Office’s own rules.
Beth wnaethom ni
We used our legal powers to intervene in the case, arguing that the Home Secretary’s guidance broke the law while making it clear that it had resulted in children being held in detention.
Beth ddigwyddodd
The case was successful; the court’s ruling confirmed that the Home Secretary’s guidance was unlawful.
Pwy fydd yn elwa
In 2018, nearly 2,900 children applied for asylum having arrived alone in the UK. We find it unacceptable that children who are already vulnerable and likely to have experienced significant trauma can be held in detention solely because an official thinks they look older.
The outcome of this case will protect other children seeking asylum from being detained.
Dyddiad y gwrandawiad
Dyddiad dod i ben
Diweddariadau tudalennau
Cyhoeddwyd
19 Rhagfyr 2018
Diweddarwyd diwethaf
23 Mai 2019
