The WLR Daily case summaries
[2013] WLR (D) 272
IMMIGRATION— Illegal entrant— Detention of child pending removal— Secretary of State mistakenly but reasonably believing 17-year-old claimant seeking asylum aged over 18— — Asylum refused and claimant detained pending removal from United Kingdom— — Whether detention breaching Secretary of State’s statutory duty regarding welfare of children— — Whether lawful— — Immigration Act 1971, Sch 2, para 16(2) (as substituted by Immigration and Asylum Act 1999, s 140(1) and amended by Nationality, Immigration and Asylum Act 2002, s 73(5))— — Borders, Citizenship and Immigration Act 2009, s 55