Public Law Solicitor

 

Duncan Lewis:Public LawThe Detention of Pregnant Women: It Needs to Stop (20 June 2016)

 

In his January 2016 review into the Welfare in Detention of Vulnerable Persons, Stephen Shaw, the former Prisons and Probation Ombudsman for England and Wales, recommended that ‘the Home Office amend its guidance so that the presumptive exclusion from detention for pregnant women is replaced with an absolute exclusion.’

Duncan Lewis:Public LawDuncan Lewis Public Law Director Adam Tear appointed as a Level 3 (Advanced) Assessor under the Law Society Immigration and Asylum Law Accreditation Scheme (14 June 2016)

 

Recommended by Legal 500 in 2015 for his significant expertise in Public Law and Immigration matters, Duncan Lewis Solicitors are pleased to announce that Director of Public Law Adam Tear has been appointed as a Level 3 (Advanced) Assessor in relation to the Law Society Immigration and Asylum Law Accreditation Scheme.

Duncan Lewis:Public LawDuncan Lewis Public Law Solicitor Kat Hacker delivers talk at the Law Society Being a Human Rights Lawyer Day (17 May 2016)

 

Duncan Lewis Public Law Solicitor Kat Hacker delivered a talk at the Law Society "Being a Human Rights Lawyer Day" on the 17th March 2015.

Court of Appeal Grants Permission for Appeal for 11 Appellants to join Refugee Sponsor in the UK (29 April 2016)

 

In recent decision, the Court of Appeal has granted permission to 11 appellants represented by Duncan Lewis Solicitors in an appeal against refusal of entry clearance to join their refugee sponsor, who is their oldest sibling and legal guardian, now residing in the UK.

Duncan Lewis:Public LawHome Office Agree to Reconsider Policy after Afghan Interpreter Granted Asylum in UK (22 March 2016)

 

The Home Office are reviewing their country policy on the risks to Afghan interpreters after granting asylum to AR, a former military interpreter for international troops in Afghanistan.

Duncan Lewis:MainJames Packer Interviewed on Nick Ferrari show discussing FGM Deportation Matter of Nine Year Old Schoolgirl (21 March 2016)

 

Legal 500 and Chambers & Partners recommended Public Law Director James Packer was interviewed on LBC's Nick Ferrari show discussing the matter of a nine-year-old Sheffield schoolgirl facing deportation to Nigeria this month despite fears that she may be forced to submit to female genital mutilation (FGM)

HN (Afghanistan) V. Secretary of State for the Home Department- Hand down of Judgement (4 March 2016)

 

Today the Court of Appeal handed down judgment in HN (Afghanistan), dismissing the appeals of each of the Appellants. The generic stay on removal to Afghanistan imposed by Lord Justice Christopher Clarke granted in August last year will now be lifted.

Pour & Ors v SSHD [2016] EWHC 401 - Judgement Handed Down (4 March 2016)

 

Judgment was handed down in the lead cases in relation to removals to Cyprus on 2 March 2016, in Pour & Ors v SSHD [2016] EWHC 401. The Claimants challenged return to Cyprus under the Dublin Regulations. Unfortunately Ouseley J dismissed the claims.

Duncan Lewis:Public LawWhat is Meant by Totally without Merit - Samia Wasif v SSHD 2016 EWCA Civ 82 (18 February 2016)

 

Duncan Lewis have received judgment in the test case in relation to TWM orders being made by the UT and HC.

Duncan Lewis:Public LawRecord Sum of £40,000.00 Damages Paid by Home Office for Delay in Issuing EU Documentation (28 January 2016)

 

The Home Office has paid damages of £40,000.00 to a Claimant for the loss she suffered as a direct result of their unlawful delay in issuing documentation confirming her right to reside and work in the UK.

Duncan Lewis:Public LawDublin Regulations and the escalation of the migration crisis (28 January 2016)

 

The idea of the Dublin Conventions was created between European Union countries establishing a hierarchy of criteria where the European country first entered by an asylum seeker would be the country responsible for considering his/her asylum claim.

Duncan Lewis:Public LawCriminal Cases Review Commission’s (CCRC) discretionary powers (21 January 2016)

 

The Criminal Cases Review Commission (CCRC) is the statutory body set up in 1997 to investigate alleged miscarriages of justice in England Wales and Northern Ireland.

Duncan Lewis:Public LawHouse of Lord’s Response on the Immigration Bill 2015/16 - First- Tier Immigration Tribunals and Bail Conditions (21 January 2016)

 

On the 11 January 2016 the House of Lords published its response the contents of the Immigration Bill 2015-2016.

Duncan Lewis:Public LawExtension of time – Court of Appeal – Delay – Legal Aid – When to lodge an application for extension of time? (11 December 2015)

 

Judgment was handed down in the Court of Appeal in the matter of The Queen on the application of Frank Kigen and Janet Cheruiyot –v SSHD on Friday 11 December 2015. The matter came before Lord Justice Moore-Bick, Lord Justice Simon and Lord Justice Davis on 28 October 2015. Shalini Patel of Duncan Lewis Solicitors has conduct of this matter. Althea Radford of 1 Pump Court Chambers is instructed counsel.

Duncan Lewis:Public LawMA (Sudan) Granted Permission to Appeal by the Court of Appeal (7 December 2015)

 

The Case of R (MA (Sudan)) v SSHD C4/2015/1539 has recently been granted permission to appeal by the Court of Appeal. In the Administrative Court it was referred to as R on the application of MA v SSHD [2015] EWHC 1354. This Article will focus on the issues surrounding Rule 35 reports and the lawfulness of detention, however this case also considered the removal of MA separately from his wife and the certification of asylum and human rights claims.

Duncan Lewis:Public LawDuncan Lewis represented TY (Sri Lanka) in the Court of Appeal: Whether Asylum and Human Rights Grounds can be raised in EEA Appeals (19 November 2015)

 

The matter was heard by a coram of the court consisting of Jackson, Black and Brigs LJJ on the 3rd November 2015. The judgment was reserved.

Duncan Lewis:Public LawWhat consists of an adequate consultation process? (11 November 2015)

 

Duncan Lewis Public Law Caseworker Sangeetha Vairavamoorthy authored this public law discussion concerning the question: "What consists of an adequate consultation process?"

Duncan Lewis:Public LawDuncan Lewis Immigration Public Law Director Toufique Hossain receives Chambers UK 2016 Leading Lawyer in his Field recommendation (3 November 2015)

 

Duncan Lewis Solicitors is pleased to announce that Director Toufique Hossain has been recognised by Chambers UK 2016 as a Leading Individual for his Immigration Human Rights work in London for the third consecutive year.

Duncan Lewis:Public LawDuncan Lewis Immigration Public Law Director James Packer receives Chambers UK 2016 Leading Lawyer in his Field recommendation (3 November 2015)

 

Duncan Lewis Solicitors is pleased to announce that Director James Packer has been recognised by Chambers UK 2016 as a Leading Individual for his Immigration Human Rights work in London for the third consecutive year.

Duncan Lewis:Public LawDuncan Lewis Solicitors’ Jamie Bell to speak at the ACAA Conference 2015 (16 October 2015)

 

Duncan Lewis Public Law Trainee Solicitor Jamie Bell will be speaking at the the Afghanistan and Central Asian Association (ACAA) conference on 19th October 2015.

Duncan Lewis:Public LawDuncan Lewis successful in High court Unlawful Detention case in relation to Ethiopian national (23 September 2015)

 

Duncan Lewis were successful in the Unlawful Detention case of an Ethiopian national and failed asylum seeker in Malta who was found to be unlawfully held in Immigration detention for seven weeks pending deportation.

Duncan Lewis:Public LawDuncan Lewis ranked Legal 500 2015 leading law firm in Administrative & Public Law with Judicial Review Specialists Toufique Hossain and James Packer recommended (21 September 2015)

 

Duncan Lewis are pleased to announce that they have been ranked as a leading law firm by the Legal 500 2015 in the practice areas of Administrative & Public Law with Judicial Review specialists James Packer and Toufique Hossain individually recommended

Duncan Lewis:Public LawDeport First Appeal Later – Duncan Lewis granted permission to apply for Judicial Review to challenge new certification provisions of deportation decisions (1 September 2015)

 

Duncan Lewis Solicitors have been granted permission to apply for Judicial Review to challenge the use of the new certification provisions under Section 94B of the Nationality, Immigration and Asylum Act 2002, as introduced by the Immigration Act 2014 to prevent a Nigerian man from challenging his deportation order from the UK.

Important Information for Any Afghan Detainee Due to be Removed on Charter Flight to Afghanistan on 25th August 2015 (20 August 2015)

 

On the 19th August 2015, Lord Justice Clarke granted permission to appeal in the case of Naziri & Ors, R (on the application of) v Secretary of State for the Home Department (JR – scope - evidence (IJR) [2015] UKUT 437 (IAC) (27 July 2015).

Reported Case: R (Hussain) v SSHD [2014] EWHC 156 (Admin) (19 August 2015)

 

It is one of the rare cases in which the Court granted costs on Indemnity basis against the Secretary of State for the Home Department.

Reported Case: R (on the application of Luu) v Secretary of State for the Home Department [2014] EWHC 2803 (Admin) (19 August 2015)

 

(This case has been referred to in R (AS) v Secretary of State for the Home Department [2014] EWHC 3478 (Admin) by Judge HHJ Keyser QC).

Duncan Lewis:Public LawRepresentation before the Court for Contempt (7 August 2015)

 

In this article Duncan Lewis Public Law Director Adam Tear discusses the topic of Representation before the Court for Contempt.

Duncan Lewis:MainDuncan Lewis Public Law Director Adam Tear shortlisted for the Law Society Solicitor Advocate of the Year Excellence Award for the third consecutive year (6 August 2015)

 

Duncan Lewis Solicitors are pleased to announce that Director of Public Law Adam Tear has been nominated for the Law Society Solicitor Advocate of the Year Excellence Award for the third consecutive year running.

Duncan Lewis:Public LawWhat is vulnerability? (4 August 2015)

 

The European Court of Human Rights has recently handed down a potentially far reaching decision in respect of what amounts to vulnerability.

Duncan Lewis:Public LawSri Lankan Asylum Seekers: Victims and Witnesses to Serious Human Rights Violations as a New Risk Category (4 August 2015)

 

On 31 March 2011, Secretary General Ban Ki-moon released the report of the UN Panel of Experts on accountability in Sri Lanka.

Duncan Lewis:Public LawInter-Party Costs: A long and winding road to recovery (21 July 2015)

 

Many would believe that the conclusion of a case occurs when its’ purpose has been resolved successfully or unsuccessfully. However, the issue of costs can sometimes be as complex as the matter itself.

Duncan Lewis:Public LawDuncan Lewis Public Law Director Toufique discusses the Suspension of Home Office Fast Track Detention on RT News (16 July 2015)

 

Duncan Lewis Public law Director Toufique Hossain spoke to Afshin Rattansi on RT News Going Underground about the suspension of the Home Office’s fast-track detention program on RT News Going Underground on the 15th July 2015.

Duncan Lewis:Public LawThird Country Removals and Open Borders (7 July 2015)

 

In this article Bahar Ata of the Duncan Lewis Public Law team discusses Third Country Removals and Open Borders.

Duncan Lewis:Public LawHome Office Defeated at High Court Over Fast Track Detention Process (3 July 2015)

 

It was declared at the High Court today that the Home Office’s treatment of four vulnerable detainees through the Fast Track Detention process was unlawful.

Duncan Lewis Successfully Represents Claimant Unlawfully Detained in Prison under Immigration Powers (2 July 2015)

 

Legal 500 “Top Tier” firm Duncan Lewis Solicitors have successfully represented a Claimant who had been detained for over two years in prison under immigration powers.

Current Detained Fast Track Immigration System to be Suspended (2 July 2015)

 

Today the Government announced in a statement to Parliament that the Detained Fast System is to be suspended owing to the risk of unfairness to vulnerable applicants.

Duncan Lewis:Public LawJudge held that decisions of the Legal Aid Agency to refuse to grant Exceptional Case Funding to a vulnerable St. Lucian woman were clearly flawed (23 June 2015)

 

Duncan Lewis represented a Claimant who was refused Exceptional Case Funding (ECF) for an Article 8 appeal. In her decision, the Judge forced the Legal Aid Agency (LAA) to reconsider their decisions to refuse ECF, and the LAA has since granted ECF to cover our client’s ongoing appeal proceedings.

Duncan Lewis:MainHigh Court rules that Home Office Delays in Issuing EU Documentation Unlawful in landmark Duncan Lewis test case (12 June 2015)

 

There is good news for those forced to wait for lengthy periods of time for the Home Office to issue applicants with EU documentation confirming their right to reside in the UK.

Legal Aid in the Courts for Contempt - Brown v The London Borough of Haringey [2015] EWCA Civ 483 (9 June 2015)

 

The underlying essence of this article is that legal aid is available by different routes on a means and merits free basis, in all higher civil courts. In the lower civil courts, legal aid is provided on the basis of merits, but no means tests. In the criminal courts, it is provided in the Crown Court and Magistrates on a merits and means test, on the standard basis.

Duncan Lewis:Public LawCyprus – Still a far cry from European Standards (5 June 2015)

 

Cyprus has always been the place to visit to soak up the sun and is described as many travel agents as “the home of the all-inclusive”. Sadly, this is not the reception that refugees are greeted with on arrival in Cyprus, during their time in Cyprus or even once they have been granted international protection.

Duncan Lewis:MainJudgment Reported in Duncan Lewis Iran Social Media Immigration Human Rights Case (20 May 2015)

 

Judgment has been reported in the case of AB and Others Iran [2015] UKUT 0257 (IAC) where Duncan Lewis represented the claimant who is an Iranian citizen seeking asylum in the UK due to risks to his person if he was removed back to Iran.

Interim Relief Granted to Prevent Forced Removals to Afghanistan (22 April 2015)

 

After challenging and obtaining injunctive relief for a significant number of their clients who were due to be removed on the charter flight that departed to Kabul on 10 March 2015 after the production of fresh evidence about the significant deterioration in the country conditions in Afghanistan, the Public Law team at Duncan Lewis Solicitors represented 19 men that were due to be removed on the charter flight scheduled to depart at 23:30 on 21 April 2015. Judicial review applications were for lodged for each of these clients.

Duncan Lewis continue to challenge removals to Afghanistan (15 April 2015)

 

A hearing in relation to the ongoing position of the Secretary of State for the Home Department is currently scheduled for 22 April 2015 before the Upper Tribunal President, Mr Justice McCloskey.

Duncan Lewis:Public LawDuncan Lewis challenge legality of SSHD’s interpretation of the published policy relating to Discretionary Leave (8 April 2015)

 

The case of SB & ABD (A MINOR) sought to challenge the legality of the Secretary of State's historical and ongoing failure to grant the Applicants further Discretionary Leave to remain in the United Kingdom, after the first Applicant had previously been granted three years of Discretionary Leave in this country.

Vulnerable Asylum Seekers Granted Interim Relief against Removal to Afghanistan by Chartered Flight (24 March 2015)

 

Following the release of new evidence regarding the deterioration of conditions in Afghanistan, Duncan Lewis Solicitors challenged the removal of a number of vulnerable asylum seekers to Afghanistan by charter flight scheduled for 22:30 on Tuesday 10 March 2015.

Duncan Lewis Public Law Solicitor Toufique Hossain features on Channel 4’s “Serious self-harm soars at Harmondsworth since 2012” Report (11 March 2015)

 

Duncan Lewis Public Law Director Toufique Hossain spoke to Channel 4 as part of their “Serious self-harm soars at Harmondsworth since 2012” report regarding the temporary stay granted to 20 Afghan Asylum seekers who were due to be deported by chartered flight at 10.30 PM on the 10th March 2015.

Duncan Lewis:Public LawConflict prone binary thinking:the Home Office’s obsession with detaining asylum seekers (9 March 2015)

 

Since the late 1980s, as the overall number of asylum-seekers has risen the U.K has responded with an increasingly restrictive policy of deterrence.

Duncan Lewis Challenging Home Secretaries Afghanistan Removals Policy (9 March 2015)

 

Duncan Lewis Solicitors are challenging the continuing policy of the Home Secretary to carry out removals to Afghanistan and are attempting to obtain interim relief to stop the charter flight scheduled for Tuesday 10 March 2015.

Claimant’s Duty of Candour and Disclosure in Judicial Review Proceedings (9 March 2015)

 

The Claimant is subject to a continuing duty to make a full and frank disclosure when making a claim for Judicial Review. This duty is broad and the Court will put faith in the Claimant to inform the Court of all material facts known to them.

Duncan Lewis:MainLooking Beneath the Surface: Identifying the Victims of Modern Slavery (28 January 2015)

 

Eleri Haf Davies of the Duncan Lewis Public Law team examines the global issue of human trafficking drawing on the example of the "Football Slave Trade".

Duncan Lewis:Public LawDeprivation, Desperation & Degradation – The Plight of Refugees in France (14 January 2015)

 

France is a country at the forefront of the European Union, a founding member of the United Nations, and home to more millionaires than any other nation aside from only the United States and the United Kingdom. That being said, thousands of individuals attempt to flee France every month in the hope of reaching the United Kingdom.

Duncan Lewis:Public LawHungary’s treatment of asylum seekers: leashes, handcuffs, torture and a breach of Article 3 ECHR? (8 January 2015)

 

An oral permission hearing took place before the Court of Appeal in the case of HK (Sudan) v The Secretary of State for the Home Department (C4/2014/2424) on 3rd November 2014. This was considered by the Court of Appeal to be the lead case concerning a Third Country challenge to the decision of the Secretary of State for the Home Department to remove our client to Hungary.