The recent Duncan Lewis judicial review case of Ibrahimi & Anor v The Secretary of State for the Home Department  EWHC 2049 (Admin) led by the Instructing Solicitors Krisha Prathepan and Bahar Ata saw the High Court determine 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 result in significant breaches of protected human rights.
Legal 500 “Top Tier” law firm Duncan Lewis Solicitors are pleased to announce that Public Law Director Adam Tear has been shortlisted for Solicitor Advocate of the Year and Human Rights Lawyer of the Year 2016.
The Court of Appeal (Underhill LJ) has now directed that AG (Sri Lanka) be listed together with AI (Sudan) as a rolled-up hearing. AG had applied for permission to appeal against the judgment of UTJ Coker refusing permission to Judicial Review following an oral hearing. Underhill LJ made it clear that the reason for not granting permission was not to do with the merits of the arguments.
Most asylum seekers arrive in the UK to escape their country of origin for fears of persecution, where the idea of state protection is unrealistic and or internal relocation is a possibility. Many have no intent or motive to come to the UK and only consider where they will be safe away from their perpetrators. They hope for a better future but instead, some spend their years in the UK stuck in an inefficient administrative process, in receipt of minimal support and suffering from emotional stress as a result of their traumas coupled with their inability to ever return to a life of normality.
Legal 500 law firm Duncan Lewis Solicitors are pleased to announce that Public Law Director Toufique Hossain and the assistant solicitor Rohena Wallace have achieved the prestigious Law Society Level 3 Immigration and Asylum Advanced Accreditation.
A significant practical problem is the lack of direction on how to actually make an application at the Upper Tribunal. At a time of increasing numbers of distressed applicants all looking to have their accounts heard, this causes considerable distress not just to the applicant’s but also to those representing them.
The recent Duncan Lewis judicial review case of JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department  EWHC 1773 (Admin) saw Duncan Lewis Public Law & Immigration Solicitors James Packer and Kate Newman represent a Zimbabwean national claimant who was subject to deportation from the UK and placed in immigration detention immediately on the expiry of his sentence in May 2013.
A Duncan Lewis Judicial Review case - Applications for Permission CO/5927/2015 (The Queen on the application of Thompson v Director for Legal Aid) - saw the Director of Legal Aid refusing to grant exceptional case funding despite accepting that the Claimant had a ‘Moderate’ prospect of success.
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.’
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 Law Solicitor Kat Hacker delivered a talk at the Law Society "Being a Human Rights Lawyer Day" on the 17th March 2015.
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.
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.
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)
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.
Judgment was handed down in the lead cases in relation to removals to Cyprus on 2 March 2016, in Pour & Ors v SSHD  EWHC 401. The Claimants challenged return to Cyprus under the Dublin Regulations. Unfortunately Ouseley J dismissed the claims.
Duncan Lewis have received judgment in the test case in relation to TWM orders being made by the UT and HC.
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.
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.
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.
On the 11 January 2016 the House of Lords published its response the contents of the Immigration Bill 2015-2016.
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.
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  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.
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 Law Caseworker Sangeetha Vairavamoorthy authored this public law discussion concerning the question: "What consists of an adequate consultation process?"
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 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 Law Trainee Solicitor Jamie Bell will be speaking at the the Afghanistan and Central Asian Association (ACAA) conference on 19th October 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 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 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.
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)  UKUT 437 (IAC) (27 July 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.
(This case has been referred to in R (AS) v Secretary of State for the Home Department  EWHC 3478 (Admin) by Judge HHJ Keyser QC).
In this article Duncan Lewis Public Law Director Adam Tear discusses the topic of Representation before the Court for Contempt.
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.
The European Court of Human Rights has recently handed down a potentially far reaching decision in respect of what amounts to vulnerability.
On 31 March 2011, Secretary General Ban Ki-moon released the report of the UN Panel of Experts on accountability in Sri Lanka.
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 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.
In this article Bahar Ata of the Duncan Lewis Public Law team discusses Third Country Removals and Open Borders.
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.
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.
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 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.
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.
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.
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.
Judgment has been reported in the case of AB and Others Iran  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.
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.
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.
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.
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 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.
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 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.
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.
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".
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.
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.