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R (on the application of DS) v Birmingham City Council (AAJR) [2012] UKUT 00175 (IAC)
For the Defendant: Mr Harrop-Griffiths, instructed by London Borough of Birmingham
The claimant is a national of Afghanistan who arrived in the United Kingdom on 19 November 2008 and claimed asylum shortly after arrival.� He was referred at that stage to the London Borough of Croydon for his age to be assessed as the Secretary of State did not believe his claim that he was born on 1 January 1993. In an assessment dated 15 December 2008, later found not to be Merton complaint, it was concluded that the claimant was over the age of 18.�
Subsequently, the claimant�s age was re-assessed by the defendant and his date of birth was estimated to be 1 January 1990.� He applied for permission to challenge that finding in judicial review proceedings.
In summary, the claimant is no longer represented and there has been no contact between him and either the defendant or the Refugee Council.� Attempts to locate him have failed.� He has not notified the Tribunal of any change of address.� Accordingly, I am satisfied that he is no longer interested in pursuing this application. His challenge to the defendant�s assessment of his date of birth as 1 January 1990 has not been pursued and I accept this assessment as his most likely date of birth. I dismiss his application for judicial review.�
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