Reported Case News
X (A Child) (Female Genital Mutilation Protection Order : Restrictions on Travel) [2017] EWHC 2898 (Fam) (18 December 2017)
This case concerns ‘X’, a young girl, born in 2016 to ‘M’, her English mother and ‘F’, her Egyptian father, who currently resides in Egypt. After a Health Visitor (KA) reported M’s concerns about X being at risk of Female Genital Mutilation should Read more...
HK (Iraq) & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWCA Civ 1871 (30 November 2017)
This case concern Appellants from Afghanistan (SK and FK), Iraq (HK) and Iran (HH) who came to the UK via Bulgaria. They each applied for Judicial Review against the Secretary of State’s decision to remove them to Bulgaria, where it is intended th Read more...
The Secretary of State for the Home Department v JM (Zimbabwe) [2017] EWCA Civ 1669 (17 November 2017)
In this case, The Secretary of State as the appellant appealed against the judgment made in JM (Zimbabwe) v Secretary of State for the Home Department[2016] EWHC 1773 on the grounds that Mr Justice Jay had failed to determine what the “reas Read more...
Medical Justice & Ors v Secretary of State for the Home Department & Anor [2017] EWHC 2461 (11 October 2017)
In a judgment handed down on the 10th October 2017, the Home Office was told that its policy regarding how it defines those who have suffered torture is unlawful, for the purposes of identifying those who are vulnerable and at risk in detention. T Read more...
TB v The Secretary of State for the Home Department [2017] UKAITUR PA112572016 (26 September 2017)
This case involved an Afghan minor. He arrived in the UK in February 2016 and claimed asylum on the basis that he would be at risk on return from the Taliban due to his brother being a governor of a district in Takhar Province of Afghanistan. The Read more...
Muasa v Secretary of State for the Home Department [2017] EWHC 2267 (18 September 2017)
In this case the High Court handed down a ruling finding that the segregation of the claimant at Yarl’s Wood Immigration Removal Centre (IRC) was unlawful and in breach of Article 8 of the European Convention of Human Rights (ECHR). On 27 Read more...
QUB v Secretary of State for the Home Department [2017] EWHC 1494 (18 August 2017)
In this case, the Claimant sought judicial review to challenge the lawfulness of his detention by the Defendant between 9 February 2016 and 29 March 2016. The Claimant is an Indian national, born in 1990, who entered the United Kingdom in January Read more...
Libya Country Guidance - ZMM (Article 15(c)) Libya CG [2017] UKUT 00263 (IAC) (19 July 2017)
In a decision handed down by the Upper Tribunal on 28th June 2017, a team comprising of lawyers based at Duncan Lewis offices in Luton and Birmingham have successfully challenged returns to Libya, based on the lack of state protection for civilian Read more...
Strasbourg dismisses claim for compensation following unlawful exclusion form the labour market (11 July 2017)
Daniel Negassi v the United Kingdom App. No. 64337/14 ECtHR was an appeal to the ECtHR with a complaint that the unlawful failure to grant permission to work, while waiting for a decision from the Home Office on his asylum claim, was a breach of h Read more...
SS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2017] EWHC 129 (12 June 2017)
In the case of SS, R John Howell QC considered whether Article 28 of the Dublin III Regulations is directly effective. In a detailed judgment, the Deputy High Court Judge Howell QC held that detention under Article 28 (1) and 28(2) was unla Read more...
ZH (A Child), Re [2017] EWFC 14 (20 February 2017) (8 June 2017)
Duncan Lewis represented mother in care proceedings concerning an 8-year-old girl (Z) who had been in the interim care of the LA. Mother suffered from paranoid schizophrenia. In 2015, mother’s GP referred the family to social services. Z to Read more...
“You’ve Got Mail”: Abuse of prisoners’ right to legally privileged communications: Bruton v Governor of HMP Swaleside & Anor [2017] EWHC 704 (Admin) (18 May 2017)
The Claimant is a serving prisoner at HMP Onley. He sought judicial review of the failure of the Defendants to comply with their duties to protect his right to privacy, confidentiality and legal privilege in correspondence and communications with Read more...
LC (Albania) v The Secretary of State for the Home Department & Anor [2017] EWCA Civ 351 (09 May 2017) – Home Office concedes unlawful use of Country Guidance on Albania since October 2011 (11 May 2017)
The appeal, lodged by a client of Duncan Lewis Solicitors, was dismissed, however did concede that in respect to the first two grounds of appeal, the Country Guidance case of MK (Lesbi Read more...
NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 (27 April 2017)
NE-A was appealing a decision to deport him, and had been successful initially, on the basis that his heavy reliance upon his twin brother as a result of his mental illness made it disproportionate to deport him. The Tribunal had noted that Read more...
The Mayor and Burgesses of the London Borough of Islington v Raymond Dyer [2017] EWCA Civ 150 (24 March 2017)
Duncan Lewis Solicitors represented the respondent, Mr. Raymond Dyer, in the Court of Appeal case of The Mayor and Burgesses of the London Borough of Islington v Raymond Dyer. The decision is an important one as it has a potentially wider applicati Read more...
R (A Child : Care Order) [2017] EWHC 364 (Fam) (24 February 2017)
This case concerns an application made by the London Borough of Islington, under s31 of the Children’s Act 1989, for a child – ‘R’ – who is now 2 ½ years old. History of the Case On the 9th October 2014, the mother (M), tested positive Read more...
Reported Case: EQ, Re [2016] EWHC 3418 (Fam) (14 December 2016) (21 February 2017)
In the Matter of EQ, Re [2016] EWHC 3418 Jemma Garside and Annabel Read more...
Secretary of State for the Home Department v Jobe [2016] EWCA Civ 1035 (26 October 2016) (10 February 2017)
This is a detention/asylum case concerning a Gambian national. The Respondent was detained from 1 November 2011 to 31 October 2013 and the decision on this matter was that the detention was lawful.Read more...
TN (Vietnam) & US (Pakistan), R (On the Applications Of) v Secretary of State for the Home Department & Anor (Rev 1) [2017] EWHC 59 (Admin) (9 February 2017)
Detention/asylum decision on the two challenges which represent a further round in the contests over lawfulness of aspects of the detained fast track system for the determination of asylum claims and appeals. Read more...