An Eritrean illegal migrant with a beard and Adam’s apple has been ruled to be a child by a court, with the British taxpayer now footing his costly legal bill. The male, who has not been named, broke into Britain on the back of a HGV in February 2024 after being blocked from entering the country multiple times. The Eritrean has given five separate dates of birth to border officials when questioned. Immigration officials did not accept the migrant’s claim that he was child based on his “appearance and demeanour”. Authorities noted the man’s “protruding Adam’s apple, wrinkles under his eyes, and five o’clock shadow” in their assessment. The decision meant the man – who is now said to be 19 – was not handed “any of the statutory benefits” of being a child migrant in Britain. But now, an asylum judge in London has ruled that the Eritrean was 16 when he arrived, following an immigration hearing. The Home Office was then ordered to hand over £10,000 in taxpayer cash to the migrant to cover his legal costs. The Eritrean claimed he was forced to leave his homeland following the death of his mother, and was taken to Libya to be trafficked.The male, who has not been named, broke into Britain on the back of a HGV lorry in February 2024 | GETTYHe then travelled across Europe until he reached northern France, from where he made his first bid to break into Britain on the back of a lorry in February 2024.He was caught in a UK Border Force-controlled area of the port of Dunkirk, where officials denied him access into the country. The man gave officials a different name when questioned, and said he was born in Eritrea in February 2005.After being caught in the back of the lorry just three days later, he gave another name and claimed his date of birth was in February 2006.The Eritrean national was finally successful in his bid to enter Britain one month later, and told officers upon his arrival he was born in April 2007 – which he maintained throughout the hearing.Immigration officials subsequently “age assessed” the illegal migrant as being born in April 1996.
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The Home Office was subsequently ordered to hand over £10,000 in taxpayer cash to the migrant to cover his legal costs | GETTYAssessors also pointed to the man’s “visible red spots and dark marks consistent with recent shaving, a noticeable Adam’s apple, and a fine moustache” when coming to the conclusion.At the hearing, the man showed his Snapchat and TikTok “avatars” – which both were noted as having “proper beards”.Upper Tribunal Judge Gaenor Bruce accepted the migrant’s claim, describing his demeanor as “sincere” and adding that he had been “cooperative”.He said: “I have given careful consideration to the evidence about the applicant’s appearance.”I do not agree that he has a receding hairline, or deep lines in his face.”I could not say whether the Adam’s apple of someone born in 2007 is likely to be significantly less pronounced than someone born in 2005.Immigration officials had ‘age assessed’ the illegal migrant as being born in April 1996 | PA”I do accept that the applicant has a small neat beard, and one that he sports quite proudly.”He has used it as his Snapchat avatar, and came to court with it clearly groomed.”Judge Bruce said he was previously unaware of the “rate of growth of facial hair in Eritrean males” and said he had since received expert advice about. He continued: “I am simply unable to do that, because I know from my own experience – of my own children and their friends, of the many law students that I work with – that children mature at wildly different rates and it is entirely possible for boys as young as 15 to have fully established facial hair.”Given the very small margin of the dispute between the parties I was in the end unable to derive very much assistance from the applicant’s appearance.”The asylum judge ruled that the Eritrean man was a child when he entered Britain and should have been treated by authorities as such.