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Immigration – Detention. The Court of Appeal, Civil Division, in dismissing the defendant Home Office's appeal, upheld the judge's finding that the claimant minor had been unlawfully detained in immigration detention. In particular, the material available to the defendant had not been sufficient to meet the Age Assessment guidance and, therefore, the Enforcement Instructions and Guidance or to enable the defendant to carry out its independent duty to satisfy itself that the assessment had been Merton-compliant.
Immigration – Detention. The Court of Appeal, Civil Division, in dismissing the defendant Home Office's appeal, upheld the judge's finding that the claimant minor had been unlawfully detained in immigration detention. In particular, the material available to the defendant had not been sufficient to meet the Age Assessment guidance and, therefore, the Enforcement Instructions and Guidance or to enable the defendant to carry out its independent duty to satisfy itself that the assessment had been Merton-compliant.
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