Reported Case Articles

 

Duncan Lewis:Reported CaseThe 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...

Duncan Lewis:Reported CaseR (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...

Duncan Lewis:Reported CaseSecretary 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...

Duncan Lewis:Reported CaseTN (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...

Duncan Lewis:Reported CaseR Mcdonagh –v- LB Watlham Forest (Admin) (6 December 2016)

 

Most local authorities operate a blanket policy that where a homeless applicant leaves their tenancy prior to the landlord obtaining an order for possession and warrant for eviction that applicant will be deemed to have made his/herself intentionally. Read more...

Duncan Lewis:Reported CaseReported Case: S and J v LB Haringey [2016] EWHC 2692 (Admin) (15 November 2016)

 

Ravinder Brar acted for the Claimants in this successful Judicial Review with Azeem Sutterwalla of Monkton Chambers.

This case examined the circumstances of a family seeking support under Section 17 of the Children Act 1989 as they were dest. Read more...

Duncan Lewis:Reported CaseJayeola v SSHD [2016] EWHC 2335 (Admin) (27 September 2016)

 

In a judgment handed down by the Administrative Court today, Duncan Lewis has secured damages for a victim of torture. The Claimant was unlawfully detained for a short period at Harmondsworth Immigration Removal Centre (‘IRC’) by the Secretary of Sta. Read more...

Duncan Lewis:Reported CaseTH (Bangladesh) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 815 (10 August 2016) (10 August 2016)

 

In the case of R (JM and Ors) v Secretary of State for the Home Department [2015] EWHC 2331 (Admin) Duncan Lewis represented four lead claimants in challenging the legality of the Detained Fast Track (DFT) system. These proceedings concluded on 3 Jul. Read more...

Duncan Lewis:Reported CaseIbrahimi & Anor v The Secretary of State for the Home Department [2016] EWHC 2049 (Admin) (5 August 2016)

 

This is a significant test case judgement where the High Court has determined that a Member State of the European Union is not complying with its obligations under the Common European Asylum System and the return of asylum seekers to Hungary will res. Read more...

Duncan Lewis:Reported CaseRaza, R (On the Application Of) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807 (29 July 2016)

 

The judgment in this case considered the question of “If bail is granted by the First-Tier Tribunal on conditions, how long do these conditions last and does the Secretary of State or her immigration officers have authority to vary or relax those con. Read more...

Duncan Lewis:Reported CaseR (JM) v SSHD: Approved Judgment and Order (15 July 2016)

 

The High Court has today ruled in a test case brought by Duncan Lewis that the Home Office cannot lawfully require (on pain of prosecution) foreign nationals to state to officials from their home country that they are willing to return. The Court als. Read more...

Duncan Lewis:Reported CaseSecretary of State of the Home Department v MSM (Somalia) and the UNHCR (acting as the Intervener) [2016] EWCA Civ 715 Lord Justices’ Panel: Moore-Bick LJ, Beatson LJ and Tomlinson LJ (12 July 2016)

 

Counsels

Deok Joo Rhee Representing the Appellant (Secretary of State for the Home Department)
Christopher Jacobs and Guy Goodwin Gill Representing the Respondent (MSM)
Marie Demitrou QC and Tom Pascoe Representing the Intervener (U. Read more...

Duncan Lewis:Reported CaseHameed & Anor v The Secretary of State for the Home Department [2016] EWHC 1579 (Admin) (5 July 2016)

 

Landmark decision as the 2005 rules governing asylum claims for detained applicants are declared unlawful. The judge commented that the applicants “were fortunate in being able to contact experienced asylum solicitors [Duncan Lewis] at short notic. Read more...

Duncan Lewis:Reported CaseAbdulkadir & Anor, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 1504 (Admin) (28 June 2016)

 

In the High Court of Justice – Queen’s Bench Division- Administrative Court

Mr Justice Irwin refused the application for Judicial review on both grounds.

Interesting that in contrast to the Bulgaria cases, art 28 was argued and dea. Read more...

Duncan Lewis:Reported CaseR (1) (FR (Albania) and KL (Albania) v Secretary of State for the Home Department (23 June 2016)

 

In these linked cases the Court of Appeal has given an important ruling as to the approach that needs to be followed by the Secretary of State in certifying asylum and human rights claims as “clearly unfounded” under section 94(3) of the Nati. Read more...

Duncan Lewis:Reported CaseIbrahim, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1347 (Admin) (9 June 2016)

 

This case concerned an action for unlawful detention. The Claimant was a Sudanese national who was subject to immigration detention following completion of his sentence for a serious offence. He was the subject of automatic deportation. The Claima. Read more...

Duncan Lewis:Reported CaseR (Hossain and Ors) v Secretary of State for the Home Department [2016] EWHC 1331 (Admin) (7 June 2016)

 

This afternoon, Cranston J handed down judgment in Hossain & others v SSHD, the test case (with four representative claimants) on the lawfulness of the “Detained Asylum Casework” process established by the Detention: Interim Instruction polic. Read more...

Duncan Lewis:Reported CaseR (Zafar) v Secretary of State for the Home Department [2016] EWHC 1217 (Admin) (25 May 2016)

 

High Court strikes down unfair decision in DFT of vulnerable victim of torture in R (Zafar) v Secretary of State for the Home Department [2016] EWHC 1217 (Admin)

In the first judgment of its kind since the suspension of the Detained . Read more...

Duncan Lewis:Reported CaseNkomo (Deportation: 2014 rights of appeal : Zimbabwe) [2016] UKUT 285 (IAC) (20 May 2016)

 

1. The No 3 Commencement Order of the 2014 Act, SI 2014/2771, extends the new appeals provisions to identified persons, but the amendment of it in SI 2014/2928 further extends those provisions to identified decisions.

2. In conse. Read more...

Duncan Lewis:Reported CaseMajit, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 741 (Admin) (18 May 2016)

 

In the High Court of Justice - Queen^s Bench Division - The Administrative Court

This is an application for a so-called "generic" stay - in fact, an interim injunction - on all Dublin III Regulation returns to Bulgaria pending judgmen. Read more...

Duncan Lewis:Reported CaseB & Ors v The Home Office [2016] EWHC 1080 (QB) (12 May 2016) (12 May 2016)

 

In the High Court of Justice - Queen^s Bench Division

A and B are nationals of the Republic of the Congo (i.e. Congo-Brazzaville). They are married and have three children, X, Y and Z.

A, B and X arrived in the United Kingdom. Read more...

Duncan Lewis:Reported CaseSecretary of State for the Home Department v Said [2016] EWCA Civ 442 (06 May 2016) (6 May 2016)

 

In the Court of Appeal (Civil Division) - On Appeal from the Upper Tribunal (Immigration & Asylum Chamber

The issue for determination in this appeal is whether the Upper Tribunal (Immigration and Asylum Chamber) ("UTIAC") was right to. Read more...

Duncan Lewis:Reported CaseTesfay & Ors, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 415 (4 May 2016)

 

In the Court of Appeal (Civil Division) - On Appeal from the High Court of Justice - Queen^s Bench Division - Mitting J. in R(MB & Ors) v SSHD [2013] EWHC 123 (Admin).

. Read more...

Duncan Lewis:Reported CaseSB (Jamaica) and ABD (A Minor), R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 400 (22 April 2016)

 

In the Court of Appeal (Civil Division) - On Appeal from the Upper Tribunal (Immigration and Asylum Chamber)

This is an appeal against the decision of Upper Tribunal Judge O^Connor dismissing the Appellant^s application for judicial r. Read more...

Duncan Lewis:Reported Case Khaled v SSHD No 1 [2016] EWHC 857 (Admin) (18 April 2016)

 

In the High Court of Justice - Queen^s Bench Division - Administrative Court

Mr Justice Garnham :

"Since early 2014 many hundreds of thousands of asylum seekers and economic migrants have arrived in the European Union. A sign. Read more...

Duncan Lewis:Reported CaseSino, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 803 (Admin) (12 April 2016)

 

Mr Justice Hayden : On the 25th June 2015 I handed down judgment in an application for Judicial Review in this case. I also gave various consequential directions to be addressed at a subsequent hearing. For a variety of reasons, which I need not burd. Read more...

Duncan Lewis:Reported CaseB, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 786 (Admin) (12 April 2016)

 

In the High Court of Justice - Queen^s Bench Division - Administrative Court

This judicial review raises issues about the definition of human trafficking and its application to the claimant; the relationship between the Dublin Regulat. Read more...

Duncan Lewis:Reported CaseRA (Nigeria), R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 384 (23 March 2016)

 

In the Court of Appeal (Civil Division) - On Appeal from the High Court of Justice - Queen^s Bench Division

This is a renewed oral application for permission to appeal against a decision of Mr Andrew Thomas QC sitting as a Deputy High. Read more...

Duncan Lewis:Reported CaseB, R (on the application of) v Secretary of State for the Home Department (Rule 33A JR amendments and transfers) (IJR) [2016] UKUT 182 (IAC) (15 March 2016)

 

In the Upper Tribunal (Immigration and Asylum Chamber)

The present case is a claim for judicial review begun in the Upper Tribunal. It concerns the entitlement of the respondent Secretary of State for the Home Department to return the. Read more...

Duncan Lewis:Reported CaseHN & SA (Afghanistan) (Lead Cases Associated Non-Lead Cases), R (on the application of) v The Secretary of State for the Home Department [2016] EWCA Civ 123 (3 March 2016)

 

This is an appeal from the Upper Tribunal (Immigration and Asylum Chamber) (McCloskey J and Upper Tribunal Judge Allen) brought by two Afghan nationals known in these proceedings as HN and SA. The appeal is against the dismissal by the Tribunal of a . Read more...

Duncan Lewis:Reported CasePour & Ors v The Secretary of State for the Home Department [2016] EWHC 401 (Admin) (1 March 2016)

 

In the High Court of Justice - Queen^s Bench Division - Administrative Court

The Claimants are three Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus, which I shall call Cyprus for convenience, and who the. Read more...

Duncan Lewis:Reported CaseMohammed, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 406 (Admin) (1 March 2016)

 

In the High Court of Justice - Queen^s Bench Division- Administrative Court

HHJ BLAIR QC : "The Claimant lodged an application for Judicial Review on 10th June 2014. Permission was initially refused on the papers (28th July 2014), but. Read more...

Duncan Lewis:Reported CaseOnos v The Secretary of State for the Home Department [2016] EWHC 59 (Admin) (26 February 2016)

 

In the High Court of Justice - Queen^s Bench Division - Administrative Court

This is a challenge to two decisions;

i) to remove the Claimant and her three children to Nigeria under section 10 of the Immigration and Asylum Act. Read more...

Duncan Lewis:Reported CaseP (permission to withdraw care proceedings), Re [2016] EWFC B2 (26 February 2016)

 

In the Family Court Sitting at Bromley - In the Matter of the Children Act 1989

The applicant local authority seeks to withdraw care proceedings issued in July 2015 in respect of T. b. 26.4.1999, who is now 16 years and seven months o. Read more...

Duncan Lewis:Reported CaseAD & AM (Fact-Finding Hearing) (Application for Re-Hearing) [2016] EWHC 326 (Fam) (24 February 2016)

 

In the High Court of Justice - Family Division

The Honourable Mr. Justice Cobb : "By this judgment, I set out my reasons for directing a re-consideration of findings of fact which I made within Part IV Children Act 1989 care proceedin. Read more...

Duncan Lewis:Reported CaseSuleyman, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 208 (Admin) (12 February 2016)

 

In the High Court of Justice - Queen^s Bench Division - Administrative Court

This is a renewed application for permission to apply for judicial review. Permission was refused on the papers by Sir Stephen Silber, sitting as a High Cour. Read more...

Duncan Lewis:Reported Case Wasif v The Secretary of State for the Home Department [2016] EWCA Civ 82 (9 February 2016)

 

IN THE COURT OF APPEAL (CIVIL DIVISION)- ON APPEAL FROM The Upper Tribunal (Immigration and Asylum Chamber)

This is the judgment of the Court. These two appeals have been listed together because they both raise an issue about the prop. Read more...

Duncan Lewis:Reported CaseNoquet & Anor v Secretary of State for Communities and Local Government & Anor [2016] EWHC 209 (Admin) (9 February 2016)

 

In the High Court of Justice - Queen^s Bench Division - Planning Court

This is an application by the claimants Geoffrey Noquet and Jacqueline Noquet under section 288 Town and Country Planning Act 1990 ("The 1990 Act") by which they s. Read more...

Duncan Lewis:Reported CaseIbrahim, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 158 (Admin) (2 February 2016)

 

In the High Court of Justice- Queen^s Bench Division - Administrative Court

The Claimant is a Sudanese national who, on 10 August 2015, was granted asylum in the UK. He challenges the lawfulness of an earlier period of detention on tw. Read more...

Duncan Lewis:Reported CaseRaza, R (on the application of) v Secretary of State for the Home Department (Bail - conditions - variation - Article 9 ECHR) (IJR) [2016] UKUT 132 (IAC) (1 February 2016)

 

Upper Tribunal - Immigration and Asylum Chamber - Judicial Review Decision Notice

On this application for permission to apply for judicial review and following consideration of the documents lodged by the parties and having heard Mr C. Read more...

Duncan Lewis:Reported CaseKamal v The Home Office [2016] EWHC 65 (QB) (19 January 2016)

 

In the High Court of Justice- Queen^s Bench Division

The Claimant, an Iraqi national, challenges the legality of his detention by the Defendant which commenced on 27 August 2012 and ended on 7 May 2013 when he was deported to the part. Read more...

Duncan Lewis:Reported CaseR (on the application of Reah) v Secretary of State for the Home Department IJR [2016] UKUT 55 (IAC) (13 January 2016)

 

Heard at Cardiff Civil Justice Centre

The applicant is a citizen of Canada who was born on 6 September 1967. In these proceedings she challenges the decision of the Secretary of State taken on 8 November 2014 refusing to grant her lea. Read more...