- Joined
- Mar 11, 2013
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A migrant from Syria who has a 'receding hairline' and 'grey hair' has won an age case after an immigration judge ruled he was 16.
Authorities in Britain said the Syrian was 'clearly an adult' when he arrived on a small boat last year because of his 'mature' physical features, a tribunal heard.
The migrant - who claimed he was 16 - had 'hairy, muscular arms', 'crow's feet lines' on his eyes, and 'wrinkles' on his forehead.
He is a smoker and has 'stubble', a 'deep voice', a 'visible Adam's apple', and age assessors said he had a 'receding hairline with grey hair all over his head'.
Derby City Council, which carried out the age assessment after his arrival, rejected his claims and said he was 'significantly over 18 years of age'.
Senior immigration workers judged him to be aged between 24-26.
An immigration officer said the Syrian, who was given anonymity and was referred to as SMF, used his 'slim' body stature 'to present himself as a child'.
But the Applicant took the case to an appeal in the Upper Tribunal of the Immigration and Asylum Chamber and has now won his case.
The appeal was heard at the Uppter Tribunal of the Immigration and Asylum Chamber (pictured) in central London
An immigration judge ruled that he was 16 at the time of his arrival in 2024 and is 17 now.
Judge Gaenor Bruce said she accepted testimony of an Iranian asylum seeker who was in the same Derby hotel as SMF who was concerned about his young age and noted that the Syrian couldn't cook or do the laundry.
The witness also told the tribunal he would help SMF 'navigate the world in a manner that would not have been necessary if he was in fact an adult close to their age', the judge said.
The tribunal heard the Syrian arrived on a small boat last year and initially stayed in a London migrant hotel.
The Syrian said his date of birth was August 12, 2008.
He said that he lived on a farm with his mother in Syria and that he was 'scared the entire time' of his journey to the UK.
Derby City Council rejected his claim, assessing him as 'clearly an adult'.
The tribunal heard: 'Two officers, one of at least Chief Immigration Officer (CIO) level, separately determined that the [migrant's] physical appearance very strongly suggests that he is significantly over 18 years of age.
'The notes section records that a social worker, P Okunja, was also present and agreed with this assessment.'
The immigration officers noted SMF's 'strong adult like features' and said he had a 'defined jawline' and facial skin that 'appears mature'.
A list of features which were observed and which helped the officers reach a decision continued: 'Has crow's feet lines in the corners of his eyes when he speaks. Has visible nasolabial lines with observed rings around his neck.
'Has evidence of receding hairline with grey hair observed all over his head. He has a deep and consistent voice which is indicative of an adult.
'Has visible cheekbones of an adult there is evidence of long shaving requirement with stubble and acne. He has wrinkles showing on his forehead with very visible veins on his neck.
'Has strong hairy muscular arms, hands and fingers when displayed. He has tight broad shoulders which is a common feature in adults.
'His nasiolabial folds are well defined, and his facial skin has no firmness or lustre which is associated with a young person of his claimed age.'
The migrant was also said to be 'very assertive and confident' towards officers - despite requiring an interpreter during interviews - and judged to be between 24-26 years old.
After arriving in the UK he was kept at Dover for two days before being transferred to a migrant hotel in London for two weeks - where he told staff members that he was a child.
He stated that he was afraid of the other residents in the hotel, saying they were 'noisy, took drugs, drank and smoked cigarettes'.
He pointed out that when he tried to buy a Red Bull in a newsagent he was 'age challenged' - showing that he did not have the necessary features of an adult.
Judge Bruce said that she believed that the date of birth provided by SMF is correct and quashed any decision that he is 'clearly an adult'.
Judge Bruce said: 'Young men typically start to develop facial hair in adolescence, but its thickness and rate of growth can vary.
'Life experience, and in particular traumatic life experience, can make someone appear older than they actually are; as can genetics, and exposure to the elements.
'A shepherd on the mountains of Kurdistan may, for instance, appear more 'weatherbeaten' than an individual of the same age growing up in a city.
'There is always the risk that a young person might be a few years younger or older than their appearance suggests.
'It did not look to me that his hairline was receding in the slightest.
'Similarly, I was unable to see the wrinkles that they did.
'Whilst I agreed with the officers' note that he has a 'slim body', I do not really understand the conclusion that they drew from that.'
The judge said that she did not accept everything the Applicant said.
'I do not accept that he is entirely illiterate, to the point of being unable to sign his own name on the bottom of his statements', Judge Bruce said.
'That is quite obviously incompatible with his use of a smartphone.
'Overall I have found the chronology in the Applicant's narrative to be internally and externally consistent with what is known about events in northern Syria.
'Other young Kurdish men in that hostel - who lived with the Applicant day to day over a period of months - found him to be immature and childlike.
'Others helped him to cook, use the laundry, and generally navigate the world in a manner that would not have been necessary if he was in fact an adult close to their age.'
The judge declared that his date of birth was August 12 2008 and said: 'I quash the decision of (Derby City Council) to find that the Applicant is ‘clearly an adult’.'
Derby City Council will have to pay the migrant's legal costs.
Details about his asylum status are not known.
Authorities in Britain said the Syrian was 'clearly an adult' when he arrived on a small boat last year because of his 'mature' physical features, a tribunal heard.
The migrant - who claimed he was 16 - had 'hairy, muscular arms', 'crow's feet lines' on his eyes, and 'wrinkles' on his forehead.
He is a smoker and has 'stubble', a 'deep voice', a 'visible Adam's apple', and age assessors said he had a 'receding hairline with grey hair all over his head'.
Derby City Council, which carried out the age assessment after his arrival, rejected his claims and said he was 'significantly over 18 years of age'.
Senior immigration workers judged him to be aged between 24-26.
An immigration officer said the Syrian, who was given anonymity and was referred to as SMF, used his 'slim' body stature 'to present himself as a child'.
But the Applicant took the case to an appeal in the Upper Tribunal of the Immigration and Asylum Chamber and has now won his case.
The appeal was heard at the Uppter Tribunal of the Immigration and Asylum Chamber (pictured) in central London
An immigration judge ruled that he was 16 at the time of his arrival in 2024 and is 17 now.
Judge Gaenor Bruce said she accepted testimony of an Iranian asylum seeker who was in the same Derby hotel as SMF who was concerned about his young age and noted that the Syrian couldn't cook or do the laundry.
The witness also told the tribunal he would help SMF 'navigate the world in a manner that would not have been necessary if he was in fact an adult close to their age', the judge said.
The tribunal heard the Syrian arrived on a small boat last year and initially stayed in a London migrant hotel.
The Syrian said his date of birth was August 12, 2008.
He said that he lived on a farm with his mother in Syria and that he was 'scared the entire time' of his journey to the UK.
Derby City Council rejected his claim, assessing him as 'clearly an adult'.
The tribunal heard: 'Two officers, one of at least Chief Immigration Officer (CIO) level, separately determined that the [migrant's] physical appearance very strongly suggests that he is significantly over 18 years of age.
'The notes section records that a social worker, P Okunja, was also present and agreed with this assessment.'
The immigration officers noted SMF's 'strong adult like features' and said he had a 'defined jawline' and facial skin that 'appears mature'.
A list of features which were observed and which helped the officers reach a decision continued: 'Has crow's feet lines in the corners of his eyes when he speaks. Has visible nasolabial lines with observed rings around his neck.
'Has evidence of receding hairline with grey hair observed all over his head. He has a deep and consistent voice which is indicative of an adult.
'Has visible cheekbones of an adult there is evidence of long shaving requirement with stubble and acne. He has wrinkles showing on his forehead with very visible veins on his neck.
'Has strong hairy muscular arms, hands and fingers when displayed. He has tight broad shoulders which is a common feature in adults.
'His nasiolabial folds are well defined, and his facial skin has no firmness or lustre which is associated with a young person of his claimed age.'
The migrant was also said to be 'very assertive and confident' towards officers - despite requiring an interpreter during interviews - and judged to be between 24-26 years old.
After arriving in the UK he was kept at Dover for two days before being transferred to a migrant hotel in London for two weeks - where he told staff members that he was a child.
He stated that he was afraid of the other residents in the hotel, saying they were 'noisy, took drugs, drank and smoked cigarettes'.
He pointed out that when he tried to buy a Red Bull in a newsagent he was 'age challenged' - showing that he did not have the necessary features of an adult.
Judge Bruce said that she believed that the date of birth provided by SMF is correct and quashed any decision that he is 'clearly an adult'.
Judge Bruce said: 'Young men typically start to develop facial hair in adolescence, but its thickness and rate of growth can vary.
'Life experience, and in particular traumatic life experience, can make someone appear older than they actually are; as can genetics, and exposure to the elements.
'A shepherd on the mountains of Kurdistan may, for instance, appear more 'weatherbeaten' than an individual of the same age growing up in a city.
'There is always the risk that a young person might be a few years younger or older than their appearance suggests.
'It did not look to me that his hairline was receding in the slightest.
'Similarly, I was unable to see the wrinkles that they did.
'Whilst I agreed with the officers' note that he has a 'slim body', I do not really understand the conclusion that they drew from that.'
The judge said that she did not accept everything the Applicant said.
'I do not accept that he is entirely illiterate, to the point of being unable to sign his own name on the bottom of his statements', Judge Bruce said.
'That is quite obviously incompatible with his use of a smartphone.
'Overall I have found the chronology in the Applicant's narrative to be internally and externally consistent with what is known about events in northern Syria.
'Other young Kurdish men in that hostel - who lived with the Applicant day to day over a period of months - found him to be immature and childlike.
'Others helped him to cook, use the laundry, and generally navigate the world in a manner that would not have been necessary if he was in fact an adult close to their age.'
The judge declared that his date of birth was August 12 2008 and said: 'I quash the decision of (Derby City Council) to find that the Applicant is ‘clearly an adult’.'
Derby City Council will have to pay the migrant's legal costs.
Details about his asylum status are not known.
