Sudanese migrant with 'mature skin and set lines' wins £40k battle with council after they wrongly judged him to be 30 when he was only 17

A Sudanese migrant has won a £40,000 battle with the council after British authorities wrongly judged him to be 30 when he was only 17. Age assessment workers at Luton Borough Council refused to believe the migrant was a teenager when he arrived in Britain because of his physical appearance, an asylum court heard. They said he couldn't have just turned 17 because of his 'mature skin' and 'set lines' in his forehead. One social worker from the council concluded he looked 25 to 30, and he was moved into adult accommodation. Now the immigration court has ruled he was in fact 17, the age he stated when he entered the UK. The council has been ordered to pay £40,000 in legal costs for the Sudanese migrant and must continue to provide support for him. The Sudanese national, named only as DD, arrived in the UK in February 2024 and claimed to be from West Darfur - a war-torn region of the country. He said he was born in February 2007 and is the eldest of six children, with his education being disrupted by poverty and conflict. After his mother organised him to flee, he claimed he was tortured for 20 days during his journey through North Africa. A judge stated that if DD's account is correct, then he 'has suffered significant trauma and hardship for a 16-year-old'. After saying he had just turned 17, he was taken into the care of Luton Borough Council. A social worker assessment judged him as being 25 to 30-years-old. He was later assigned an age of 25 and moved into adult accommodation - but challenged the decision. A medical assessment found him to be the average weight and height for his claimed age. It was also found he had suffered nightmares and disturbed sleep - meaning a fellow migrant would not share a tent with him. He also was diagnosed with PTSD. DD, who is a practising Muslim, said his roommate in the adult accommodation 'did not like Muslims' and so he was scared to practice. However, when his roommate overdosed he alerted the staff so they could transfer him to hospital. At a hearing in the Upper Tribunal of the Immigration and Asylum Chamber, a Sudanese expert analysed DD's documents and acknowledged there may be a market for fake proof of age documents, but did not believe DD's were not real. An assessment of physical appearance said it was unclear whether he had not started shaving or if he had started very recently. He was also considered to have 'mature skin with dark patches around his mouth and chin and faint but set lines across his forehead'. However, Upper Tribunal Judge Joe Neville said his experiences and evidence were consistent with a 17-year-old. Despite saying his evidence was not entirely consistent, Judge Neville accepted DD's date of birth is 2007. He ordered the previous age assessment to be quashed and that Luton Borough Council should pay DD's £40,000 legal costs within 21 days. Judge Joe Neville said: 'If DD's account of his experiences and age are both correct, then he has suffered significant trauma and hardship for a 16-year-old. 'His age and understanding will also mean that he cannot be expected to give the same level of detail and consistency as an adult. 'Whatever his true age, and even if his experiences have been exaggerated, the hardships inherent in any young person's flight and journey from Sudan to Europe will have likely had a very significant effect on both his recollection and his behaviour when dealing with authority figures. 'If you met DD and were told he was between 18 and 22, you wouldn't think twice. But if you were told he was 26, you'd probably do a double take. If you were told he was 31 you would be very surprised indeed. 'I accept DD's claimed date of birth of 3 February 2007, and find that on the date of the age assessment he was 17 years old. 'While very little significance can be placed on his appearance and demeanour, it is not inconsistent with that conclusion.