Nationality and Borders Act 2022
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Change 1
51 Persons subject to immigration control: assessment for immigration purposes
(1) A designated person may conduct an age assessment on an age-disputed person for the purposes of deciding whether or how the Secretary of State or an immigration officer should exercise any immigration functions in relation to the person. (2) An assessment under subsection (1) may be conducted— (a) in a case where subsections (3) and (4) of section 50 do not apply, or (b) in a case where those subsections do apply— (i) at any time before a local authority has referred the age-disputed person to a designated person under section 50(3)(a) or has informed the Secretary of State as mentioned in subsection (3)(b) or (c) of that section, or (ii) if the Secretary of State has reason to doubt a local authority’s decision under subsection (3)(b) or (c) of that section. (3) An age assessment under this section is binding on the Secretary of State and immigration officers when exercising immigration functions. But this is subject to section 54(5) (decision of Tribunal to be binding on Secretary of State and local authorities) and section 56 (new information following age assessment or appeal). (4) The standard of proof for an age assessment under this section is the balance of probabilities.
51 Persons subject to immigration control: assessment for immigration purposes
(1) A designated person may conduct an age assessment on an age-disputed person for the purposes of deciding whether or how the Secretary of State or an immigration officer should exercise any immigration functions in relation to the person. (2) An assessment under subsection (1) may be conducted— (a) in a case where subsections (3) and (4) of section 50 do not apply, or (b) in a case where those subsections do apply— (i) at any time before a local authority has referred the age-disputed person to a designated person under section 50(3)(a) or has informed the Secretary of State as mentioned in subsection (3)(b) or (c) of that section, or (ii) if the Secretary of State has reason to doubt a local authority’s decision under subsection (3)(b) or (c) of that section. (3) An age assessment under this section is binding on the Secretary of State and immigration officers when exercising immigration functions. But this is subject to section 54(5) (decision of Tribunal to be binding on Secretary of State and local authorities) and section 56 (new information following age assessment or appeal). (4) The standard of proof for an age assessment under this section is the balance of probabilities.
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