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R (on the application of RK) v Birmingham City Council AAJR [2013] UKUT 00307 (IAC)
Neither party to these proceedings carries any burden of proof.� It is for the court to determine whether the applicant was a child at the material time with reference to all relevant evidence and by applying the standard of proof of the balance of probabilities (see R (CJ) v Cardiff County Council ) [2011] EWCA Civ 1590 ). The Court of Appeal in R (CJ) observed:
But the question whether a person is a "child" is a different kind of question. There is a right or a wrong answer. It may be difficult to determine what that answer is. The decision-makers may have to do their best on the basis of less than perfect or conclusive evidence but that is true of many questions of fact which regularly come before the courts. That does not prevent them from being questions for the courts rather than for other kinds of decision-makers."
Ms Etiebet asked Mr Levy about a screening interview between RK and officers of UKBA which had taken place on 3 July 2008.� The interview concludes with the following exchange: �
On 03.06.08, you told the officers that you are Ali Ahmad, d.o.b. 25.1.90.� Why?
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