R (on the application of SS) v Secretary of State for the Home Department

Immigration – Detention. The Administrative Court held that the issue of whether a person was a child, pursuant to para 18B of Sch 2 to the Immigration Act 1971, had to be determined as an issue of objective fact and not as involving the reasonable belief of the immigration officer exercising his authority to detain. Accordingly, the claimant Sudanese national was entitled to damages for unlawful detention and a declaration to that effect.

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