Legislation – Nationality and Borders Act 2022
Changes to legislation:
Nationality and Borders Act 2022, Section 54 is up to date with all changes known to be in force on or before 26 October 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 4Age Assessments
54Appeals relating to age assessments
(1)
This section applies if—
(a)
an age assessment is conducted on an age-disputed person (“P”) under section 50 or 51, and
(b)
the decision-maker decides that P is an age other than the age that P claims (or is claimed) to be.
(2)
P may appeal to the First-tier Tribunal against the decision-maker’s decision.
(3)
On the appeal, the Tribunal must—
(a)
determine P’s age on the balance of probabilities, and
(b)
assign a date of birth to P.
(4)
In making the determination, the Tribunal may consider any matter which it thinks relevant, including—
(a)
any matter of which the decision-maker was unaware, and
(b)
any matter arising after the date of the decision appealed against.
(5)
A determination on an appeal under subsection (2) is binding—
(a)
on the Secretary of State and immigration officers when exercising immigration functions in relation to P, and
(b)
on a local authority that has exercised or may exercise functions under relevant children’s legislation in relation to P.
(6)
This section is subject to—
(a)
section 55 (appeals relating to age assessments: supplementary), and
(b)
section 56 (new information following age assessment or appeal).