UK High Court rules Home Office removal of young Eritrean asylum seekers to France unlawful
The High Court has declared Home Office decisions to treat a young Eritrean asylum seeker as an adult for removal to France under the UK‑France treaty unlawful. The ruling was issued in November 2026 and applies to Eritrean asylum seekers whose age is in dispute.
In this story
At a glance
- What changes
- Home Office may no longer treat young Eritrean asylum seekers as adults for removal to France
- Timing
- Ruling announced in November 2026
- Who is affected
- Eritrean asylum seekers whose age is contested and Home Office officials handling removals
The details
- Announced by
- High Court
- Previous rule
- The Home Office had been treating a young Eritrean asylum seeker as an adult, allowing removal to France under the UK‑France treaty.
- New rule
- The Court held that treating the claimant as an adult was unlawful and that the Home Office breached its duty of candour by not disclosing a non‑Merton‑compliant age assessment.
Court Decision
In R (EXR) v Secretary of State for the Home Department (No.3) [2026] EWHC 2527 (Admin), Justice Fordham ruled that a series of Home Office decisions to treat a young Eritrean asylum seeker as an adult were unlawful. The judgment also found a serious breach of the Home Office’s duty of candour, including failure to disclose an internal record that flagged the age assessment as non‑Merton‑compliant.
Reasoning and Implications
The Court reiterated that while courts cannot determine a claimant’s age themselves, they can review whether the Home Office’s decision was reasonable. The earlier judgments in the same test case established that the Home Office must apply anxious scrutiny and consider new evidence not previously before the decision‑maker. The current judgment confirms that an assessment not meeting Merton standards cannot be treated as compliant.
- Home Office must ensure age assessments meet Merton criteria
- Benefit of the doubt must be given in finely balanced cases
Next Steps for the Home Office
Following the judgment, the Home Office is required to reassess the claimant’s age using a compliant assessment and halt any removal to France until a proper determination is made. The department must also disclose the previously withheld internal record to satisfy its duty of candour.
- Re‑evaluate age with a Merton‑compliant assessment
- Disclose internal record referenced by the Court
What this means for travellers
Trip planning
- Existing travel plans for Eritrean asylum seekers to France are now on hold until a compliant age assessment is completed
- No change for other travellers; only those subject to removal under the treaty are affected
Cost and documents
- No new fees are introduced by the judgment
- Applicants may need to provide additional evidence of age for a new assessment
What you need to do
- Eritrean asylum seekers should await a revised age assessment before any removal can proceed
- Home Office officials must halt removal actions and disclose the internal record cited by the Court
Who this affects
-
Young Eritrean asylum seekers
Their age assessment was deemed non‑Merton‑compliant and they were treated as adults for removal
What to do Must receive a new, compliant age assessment before any removal can occur
-
Home Office caseworkers
They are responsible for applying the age assessment and removal decisions
What to do Must stop removal actions and ensure assessments meet Merton standards
-
Local authorities conducting age assessments
Their assessments were used by the Home Office and found non‑Merton‑compliant
What to do Must adopt Merton‑compliant procedures for future assessments
Frequently asked questions
What did the High Court decide about Eritrean asylum seeker removals to France?
The Court ruled that Home Office decisions treating a young Eritrean asylum seeker as an adult for removal to France were unlawful and that the department breached its duty of candour by hiding a non‑Merton‑compliant assessment.
When does the ruling take effect?
The judgment was issued in November 2026 and applies immediately, requiring the Home Office to halt removals until a compliant age assessment is completed.
Does the ruling introduce any new fees for asylum seekers?
No new fees are mentioned in the judgment; the change concerns procedural compliance rather than cost.
What must the Home Office do after the judgment?
The Home Office must stop any removal to France, conduct a new Merton‑compliant age assessment, and disclose the internal record that was previously withheld.
How does this affect other asylum seekers under the UK‑France treaty?
Only Eritrean asylum seekers whose age is contested are directly impacted; other nationals are not subject to this specific ruling.
