New Clause 34 - Appeals relating to age assessments

Nationality and Borders Bill – in a Public Bill Committee at 11:30 am on 4 November 2021.

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“(1) This section applies if—

(a) an age assessment is conducted on an age-disputed person (“P”) under section (

(b) the decision-maker decides that P is an age other than the age that P claims (or is claimed) to be.

(2) P may appeal to the First-tier Tribunal against the decision-maker’s decision.

(3) On the appeal, the Tribunal must—

(a) determine P’s age on the balance of probabilities, and

(b) assign a date of birth to P.

(4) In making the determination, the Tribunal may consider any matter which it thinks relevant, including—

(a) any matter of which the decision-maker was unaware, and

(b) any matter arising after the date of the decision appealed against.

(5) A determination on an appeal under subsection (2) is binding—

(a) on the Secretary of State and immigration officers when exercising immigration functions in relation to P, and

(b) on a local authority that has exercised or may exercise functions under relevant children’s legislation in relation to P.

(6) This section is subject to—

(a) section (

(b) section (

This new clause provides a right of appeal to the First-tier Tribunal against an age assessment conducted by the NAAB or a local authority.

Brought up, read the First and Second time, and added to the Bill.