Part 4: Age Assessment Section 54: Appeals Relating to Age Assessment
Overview: This section provides for a right of appeal to the First Tier Tribunal for an age-disputed person who was determined, following an age assessment under this Part, to be an age different to the age they claimed to be.
	Background: At present, where an age assessment is undertaken which determines that the individual subject to immigration control is an adult, and that individual wishes to challenge that assessment, their only route to do so is via judicial review. While capable of addressing disputes of this nature, judicial reviews are complex, expensive and can take a long period of time to conclude. There is a need to provide for a simpler, less expensive and swifter form of dispute resolution. The provision of a right of appeal to the First Tier Tribunal against certain age assessment decisions will accomplish that objective.
	An age-disputed person will be able to lodge an appeal against an age assessment decision under this Part when the assessment concludes that person is not the age they have claimed to be.
	In consideration of the appeal, the Tribunal will not be limited to an evaluation of whether the correct process was followed during the age assessment but will be required to come to its own determination of the age of the person. In doing so the Tribunal will be able to consider any evidence it deems relevant, not simply that which was before the initial decision maker. The Tribunal will determine the age of the age-disputed individual and assign them a date of birth.
	The determination of the court will be binding on both the Home Office for immigration purposes and local authorities.
	Subsections 1 and 2 provide that an age-disputed-person may appeal to the First-tier Tribunal where an age assessment conducted under sections 50 or 51 has assessed their age to be different from the age they claim to be.
	Subsection 3 states that the Tribunal must come to a conclusion on how old the age-disputed person is on the balance of probabilities. The Tribunal must also assign a specific date of birth to the age-disputed person.
	Subsection 4 details that the Tribunal is able to consider any matter or evidence it believes relevant when deciding an appeal. This means that the Tribunal is not limited to evaluating the evidence that was available to the decision maker at the time the decision was taken.
	Subsection 5 provides that a judgment of the Tribunal will be binding on the Secretary of State when exercising immigration functions, as well as any local authority that has provided or may provide services under relevant children’s legislation. Relevant children’s legislation is defined in section 49.
	Subsection 6 confirms which other sections need to be read in connection with this section. In particular, the effect of this is that, although appeal determinations are binding, as set out in subsection 5, this is subject to section 56 (which allows for new age assessment decisions to be taken after an appeal, where there is significant new evidence).