Commentary on provisions of the Act Section 57: Decisions relating to a person’s age
Subsection (1) provides that this section applies where a relevant authority (see subsection (6)) decides the age of a person who meets the four conditions in section 2 where the duty to make arrangement for removal applies. The section applies to decisions on age made by a relevant authority for the purposes of this Act and / or any other legislation, for example the Children Act 1989.
	Subsection (2) disapplies the statutory right of appeal under section 54 of the 2022 Act, so that a person cannot bring an appeal challenging the decision on their age under section 54 where they fall within the four conditions in section 2.
	Subsection (3) provides that subsections (4) and (5) apply to judicial reviews challenging decisions within subsection (1) or any decisions where the duty to remove applies.
	Subsection (4) prescribes that where a challenge to a decision relating to a person’s age is made, this will not prevent the exercise of any power or duty to arrange a person’s removal from the UK. Such a person can still be removed while the application for judicial review is ongoing, and this claim can continue out of country.
	Subsection (5) provides for the basis on which the court or tribunal can consider a decision relating to a person’s age in judicial review proceedings and confirms that a person’s age is a matter of fact to be determined by a relevant authority. Subsection (5)(a) states that a court can may grant relief only on the basis that it the decision was wrong in law (for example on the grounds rationality, procedural fairness or Wednesbury unreasonableness) and subsection (5)(b) prevents the court or tribunal from granting relief on the basis that it the decision is wrong as a matter of fact. The intention is to ensure that a court or tribunal only considers decisions on age on conventional public law principles and cannot make its own determination on age, which is reserved for a ‘relevant authority’ detailed in subsection (6), distinguishing from the position held in R(A) v Croydon London Borough Council [2009] UKSC 8.
	Subsection (6) provides the definition for ‘relevant authority’, including (a) the Secretary of State; (b) an immigration officer; (c) a designated person as defined in Part 4 of the 2022 Act; (d) a local authority as defined in Part 4 of the 2022 Act subject to subsection (7); or (e) a public authority as defined in Part 4 of the 2022 Act which is specified in regulations under section 50(1)(b) of the 2022 Act.
	Local authorities conduct age assessments to decide whether or how to exercise their functions under the relevant children's legislation. The Home Office then uses these decisions for immigration purposes. Subsection (7) provides that this section applies to decisions on age made by a local authority on those who fall within the duty to make arrangement for removal (section 2), only when the decision on age is for the purposes of the local authority's decision on whether to exercise any of its functions under the relevant children's legislation as defined in Part 4 of the 2022 Act.
	Subsection (8) stipulates that this section applies to decisions made by a relevant authority under section 50 and 51 of the 2022 Act, including decisions made by virtue of regulations under section 58 (power to make provision about refusal to consent to scientific methods) of this Act.
	Subsection (9) provides that this section applies only in relation to a decision which is made after this section comes into force.
	Subsections (10), (11) and (12) amend the 2022 Act to make consequential amendments following the disapplication of the statutory right of appeal for age assessment decisions by subsection (2).