An Eritrean national who entered the UK hidden in the back of a lorry has been legally recognised as a child by an immigration tribunal, despite border officials citing his protruding Adam's apple, under-eye wrinkles, and five o'clock shadow as evidence of adulthood. The judge ruled that the migrant was 16 years old upon arrival and ordered the Home Office to pay £10,000 towards his legal costs.
Multiple Attempts to Enter the UK
The migrant, who has not been named, first attempted to enter the UK in February 2024 at the port of Dunkirk, where he was caught hiding in a lorry. He gave border officials a false name and date of birth. Three days later, he was discovered in another lorry and provided a different name and birth date. He finally succeeded in entering the UK a month later, giving officers yet another date of birth—April 2007—which he maintained throughout his asylum hearing.
Immigration authorities assessed his age as being born in April 1996, making him 28 at the time of his entry. They pointed to physical characteristics such as a receding hairline, deep facial lines, and a pronounced Adam's apple as indicators of adulthood.
Judge's Ruling and Reasoning
Upper Tribunal Judge Gaenor Bruce disagreed with the Home Office's assessment, describing the migrant as 'sincere' and 'cooperative'. She noted that he had a 'small neat beard' which he 'sports quite proudly' and uses as his avatar on Snapchat. The judge admitted she had no prior knowledge of hair growth rates in Eritrean males but stated that children mature 'at wildly different rates'. She added, 'It is entirely possible for boys as young as 15 to have fully established facial hair.'
Judge Bruce could not determine whether the Adam's apple of a male born in 2007 would be more or less pronounced than someone born in 2005. She rejected claims that he had a receding hairline or deep lines on his face.
Costs and Background
The Home Office was ordered to pay £10,000 to cover the migrant's legal costs. According to GB News, the migrant left Eritrea after his mother's death and was taken to Libya before travelling across Europe to northern France. He made his first lorry attempt in February 2024.
