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Immigration Asylum Chamber to treat Duncan Lewis Solicitors’ asylum appeal as a Libya Country Guidance case (20 April 2017)

Date: 20/04/2017


Duncan Lewis, Main Solicitors, Immigration Asylum Chamber to treat Duncan Lewis Solicitors’ asylum appeal as a Libya Country Guidance case

Duncan Lewis Solicitors is currently representing a Libyan national in an asylum appeal against a decision by the Secretary of State dated September 2015 for the Home Department to refuse asylum.

As Duncan Lewis prepares this Country Guidance case, which will be heard at the Upper Tribunal of the Immigration Asylum Chamber, it will seek to argue that asylum or humanitarian protection should be granted as it is highly likely that the appellant will be at risk of indiscriminate violence, unlawful killing and/or abduction if ordered to return to Libya due to the current deteriorating security situation in the country. Duncan Lewis will look to argue that the appeal should be successful on the basis that that there is an armed conflict in Libya putting civilians at risk of serious harm from indiscriminate violence. Alternatively, on the basis that such indiscriminate violence exists along the putative routes of return.

This case will focus in particular on the deteriorating situation in Libya before turning to address the issues relevant to the case itself.

The Country Guidance case will enable the Upper Tribunal to provide guidance on: Is the appellant at risk under Article 15 (c) if returned to Libya?, If Article 15 (c) applies, can the appellant reasonably relocate to another part of Libya which is perceived to hold a lower risk?, and assessing the risk being faced by those failed asylum seeker returnees expected to travel overland along the putative routes of return.

Duncan Lewis is of the view that there are many asylum cases concerning Libyan nationals in the UK that are stayed (waiting) behind this Country Guidance case until guidance on these matters have been clarified by the Tribunal.

It is likely that the outcome of this Duncan Lewis case will have a key and important impact on a significant number of Libyan asylum cases that are pending or closed. Although Duncan Lewis is unable to comment on individual cases, any questions in relation to the current law or evidence faced by Libyan asylum cases then please contact Directors of Immigration Sangita Shah and/or Bahar Ata.

Duncan Lewis Immigration Department

Duncan Lewis was the first law firm in the UK to achieve Investors in People Gold Accreditation in 2009. Duncan Lewis operates the largest immigration team in the UK with a broad practice representing business and individual vulnerable clients at all levels in all aspects of personal immigration, asylum/human rights and nationality matters and is the dominant legal firm in the UK for the provision of publicly funded immigration legal services for asylum, immigration detention, bail, deportation appeals and EC law issues. The firm’s Immigration practice was recommended by Legal 500 UK 2016 as a Top Tier Immigration Practice in London and Wales and as a Leading Immigration Practice in the Midlands area respectively. With more than 200 specialised staff providing assistance in more than 70 different languages, all of Duncan Lewis’ Immigration lawyers are specialists in their respective fields under the Law Society's Immigration & Asylum Accreditation Scheme. Duncan Lewis Immigration lawyers provide specialist immigration services from offices throughout London and across the UK. Duncan Lewis has been recently shortlisted by the Law Society Excellence Awards for its excellence in diversity and staff development.

About Duncan Lewis

Duncan Lewis is recognised as a top tier and leading law firm by Legal 500 UK 2016. The company serves both corporate entities and private individuals in over 20 areas of law from over 35 offices across London and throughout the UK. Duncan Lewis maintains a niche focus on claimant professional negligence work on behalf of individuals claiming negligence against legal (solicitors, barristers) and construction professionals (architects, surveyors); personal injury claims, commercial litigation, landlord and tenant disputes and clinical negligence. Other established areas of law are: business immigration, child care, civil liberties, community care, crime and fraud, dispute resolution, debt and insolvency, employment, family and divorce, housing, asylum and immigration, mental health, prison law, public law and administrative law, regulatory matters and welfare benefits.