An Afghan asylum seeker who repeatedly told British immigration officials “I don’t know” during questioning has been granted permission to remain in the United Kingdom until 2029, following a significant legal victory that also confirmed he was a minor at the time of his arrival.
According to court documents, the migrant, whose name was withheld because he arrived as an unaccompanied child, said “I don’t know” 158 times and “I can’t remember” 49 times during his screening interview with the UK Home Office. His inconsistent answers fuelled suspicion among immigration officers, who initially accused him of withholding information about his true age.
Dispute Over His Age
The migrant arrived in the UK by small boat in 2022, stating that he was born in 2007. But the Home Office assessed him as being born in January 2005, which would have made him 17 at the time, too old to qualify as a child under UK immigration rules.
However, the UK’s Upper Tribunal overturned that assessment, ruling that the boy was telling the truth and was only 15 years old when he entered the country. Judge Leonie Hirst concluded that the boy’s epilepsy and trauma from the journey had significantly impaired his memory, explaining why he struggled to answer basic questions during interviews.
Read Also:
UK asylum policy fuels violence, deaths, say groups
End SARS asylum claim: Celebrity says she’s ‘too famous’ to return to Nigeria
Tribunal records show that the Afghan suffered frequent major seizures while travelling to the UK. After his arrival, he was housed in a hotel for unaccompanied asylum-seeking children before later being moved to adult accommodation , a decision that ultimately led to homelessness when the placement broke down.
A charity later referred him to the London Borough of Croydon, where he was placed into foster care. In January 2024, he was formally recognised as a refugee and granted leave to remain until January 2029.
Home Office: He Was Withholding Information
In May 2024, the National Age Assessment Board judged him to be 19 years old, arguing that his repeated claims of memory loss showed deliberate evasion.
Assessors questioned why he initially gave a different date of birth upon arrival in Kent and did not challenge the recorded age until months later. They argued he could not provide a credible explanation for the inconsistencies.
But Judge Hirst ruled that the young man’s medical condition, including epilepsy and trauma-related memory impairment, made his inconsistent responses understandable.
The tribunal accepted his explanation that other migrants advised him to provide any date of birth simply to complete asylum paperwork, a common occurrence among asylum seekers who do not know their exact birth dates.
Judge Hirst added that anecdotal evidence from humanitarian organisations shows that many Afghan children genuinely do not know their birth year due to cultural practices and lack of official documentation.
The court therefore concluded that his true year of birth was 2007, making him 18 years old today.
The ruling has reignited debate in the UK over age verification of asylum seekers arriving through irregular routes. Critics argue that some migrants falsely claim to be minors to access welfare protections, while human rights groups warn that genuine children are often mistakenly treated as adults due to flawed assessment processes.
With this ruling, the Afghan teenager is now permitted to remain in the UK until 2029, with the option to later seek permanent residency.
