Public Law News

 

Duncan Lewis:Public LawZambian born NHS nurse represented by Duncan Lewis is granted bail after being detained by the Home Office (19 December 2016)

 

On 16 November 2016 Dianne Ngoza, a Zambian national, was detained at Dallas Court Reporting Centre in Salford. She informed the Home Office that she had submitted a further leave to remain application which was received same day with proof, yet Ms Ngoza was detained. The Home Office’s position was that Ms Ngoza should be removed to the country of her origin, Zambia, as a result of residing in the UK illegally. Dianne had not been to her country in 22 years.. Read more...

Duncan Lewis:Public LawDevilish Details: Detaining Victims of Torture (7 December 2016)

 

A short parenthesis in Government policy has resulted in the continued detention of hundreds of victims of torture. The policy requires caseworkers and medical practitioners to interpret torture according to the definition used in the United Nations Convention Against Torture (‘UNCAT’).. Read more...

Duncan Lewis:Public LawJames Packer was invited on ABN Radio this morning to discuss the Supreme Court decision to consider additional arguments in the ‘Brexit’ appeal (29 November 2016)

 

The wheels of justice may ordinarily grind slow, but they have been turning at an almost dizzying speed in the most important constitutional case in living memory.. Read more...

Duncan Lewis:Public LawDuncan Lewis application results in High Court suspending restrictive definition of torture for immigration detainees (25 November 2016)

 

The High Court has ordered the Home Office to temporarily suspend the use of a restricted definition of torture in their new policy on immigration detention, following an application for interim relief by Duncan Lewis Solicitors.. Read more...

Duncan Lewis:Public LawDuncan Lewis’ Eleri Haf Davies discusses her involvement with Caravana Colombia in an interview with ABN radio (22 November 2016)

 

Duncan Lewis’ Eleri Haf Davies was selected by the International Jurists, Colombia Caravana to take part in this year's delegation to Colombia. The Colombia Caravana was founded in 2008 after the National Colombian Association of Human Rights Lawyers (ACADEHUM) asked the international legal community to develop and implement an international programme of support for human rights lawyers working in Colombia. The Colombia Caravana UK Lawyers’ Group is now at the centre of an international network of jurists offering support to lawyers and other legal professionals in Colombia. . Read more...

Duncan Lewis:Public LawThe Brexiteers: Enemies of Parliament (21 November 2016)

 

On 3rd November 2016 the High Court ruled in the case of Miller that the UK Government does not have the power to trigger Article 50 of the EU Treaty without parliamentary approval. Quoting the Fire Brigades Union, the court held that ‘the executive cannot exercise the prerogative power in a way which would derogate from the fulfilment of a statutory duty’. The Daily Mail labelled the judges involved ‘Enemies of the People’. . Read more...

Duncan Lewis:Public LawDuncan Lewis' Eleri Haf Davies goes to TUMACO: Colombia's forgotten territory (8 November 2016)

 

In August 2016, Duncan Lewis’ Public Law Caseworker Eleri Haf Davies was invited to join the International Jurists Commission, Caravana Colombia, to undertake research into the human rights situation in Colombia. . Read more...

Duncan Lewis:Public LawJames Packer appeared on ABN Radio to discuss Theresa May’s crackdown on so-called ‘Health Tourism’ (24 October 2016)

 

James Packer was invited on ABN Radio to discuss Theresa May’s recent remarks in parliament concerning pregnant women. In NHS hospitals, there are proposals that pregnant women are set to be forced to show their passports before receiving treatment.
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Duncan Lewis:Public LawSafeguards needed to reduce risks to unaccompanied migrant children in Europe (18 October 2016)

 

The closure of the Calais migrant camp ‘the Jungle’ has received backing from the Children’s Commissioner for England, but the risks remain for unaccompanied children seeking refuge in the UK.
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Duncan Lewis:Public LawTheresa May criticizes ‘activist left-wing human rights lawyers’ during closing speech at the Tory Party conference (17 October 2016)

 

Prime Minister Theresa May has recently announced the move to opt out from parts of the European Convention on Human Rights, meaning troops fighting abroad in times of war will be protection from lawsuits and criminal prosecution upon their return. . Read more...

Duncan Lewis:Public LawThe triggering of Article 50: who decides? (10 October 2016)

 

Mucking along doesn’t always work. We pride ourselves in the United Kingdom on thriving without a written constitution or code. We are better than that apparently, a nation of pragmatists and deal-makers, unfettered by text. The powers of the legislature, the executive and the judiciary are balanced by a series of precedents and ‘Gentlemen’s Agreements’ (conventions). The events of 23 June have jerked us out of our smuggery. No-one knows what to do. There is no precedent. It is up for grabs. Article 50 of the Treaty on the European Union (‘TEU’) allows any member state to withdraw from the Union ‘in accordance with its own constitutional requirements.’ Meanwhile, Theresa May has announced that Article 50 will be triggered by the end of March 2017. Can she be so sure?. Read more...

Duncan Lewis:Public LawToufique Hossain spoke at Goldsmiths University Conference about developing Afghan protection claims to safeguard unaccompanied children (27 September 2016)

 

Recommended by Legal 500 2016 Edition as a ‘genuine star’ in his field, Toufique Hossain, Director of Public Law and Immigration at Duncan Lewis, spoke at the ^Uncertain Journeys^ conference at Goldsmiths University on Thursday 15th September. The conference covered new strategies and initiatives for the support of unaccompanied and separated children. Toufique spoke about last year’s legal work in stopping mass charter flights to Afghanistan and the current work in developing and preparing Afghan protection claims which may affect unaccompanied children. . Read more...

Duncan Lewis:Public LawDuncan Lewis Solicitors representing “P” in Court of Protection against NHS bodies: Next hearing 15/9/2016 (14 September 2016)

 

Specialist Public law experts at Duncan Lewis Solicitors, will represent “P” in Court of Protection Proceedings on the 15/9/2016 against two NHS bodies. The legal team are assisted by Mr Lee Parkhill (of 4-5 Gray’s Inn Square Chambers, London) a barrister experienced in public law and Court of Protection matters. . Read more...

Duncan Lewis:Public LawDuncan Lewis Solicitor Sabina Angeli won complicated Tribunal Appeal for an Afghan interpreter who claimed asylum in the UK (12 September 2016)

 

The recent Duncan Lewis judicial review case of MJE^s appeal led by lead solicitor Sabina Angeli saw the Tribunal accept the appeal of an Afghan asylum seeker who arrived in the UK to escape from life threatening circumstances he faced from the Taliban.. Read more...

Duncan Lewis:Public LawToufique Hossain speaking at Goldsmiths University Conference regarding migrant children (9 September 2016)

 

Accredited by the Law Society at 3(Advanced) of the Immigration and Asylum Accreditation Scheme, Duncan Lewis Immigration Director Toufique Hossain will be attending as a speaker the Conference on New strategies and initiatives for the support of unaccompanied and separated migrant children at the Goldsmiths University on Thursday 15th September.. Read more...

Duncan Lewis:Public LawDuncan Lewis Public Law team returns from Germany as part of an ongoing challenge to reunite an unaccompanied Afghan asylum-seeking child with his family in the UK (8 September 2016)

 

Nicholas Hughes and Lewis Kett have recently returned from a visit to a refugee centre for unaccompanied minors in Germany, where they are helping to reunite a vulnerable Afghan child with his surviving family in the UK. This is in relation to a legal challenge against the UK Government for failing to accept responsibility on an expedited basis for the asylum application of the unaccompanied child, as per the Dublin III Regulation. The Home Office’s refusal to act means that the unaccompanied child will be stuck in Germany for many months, increasing the mental anguish suffered as a result of the journey to Europe and the separation from his family.. Read more...

Duncan Lewis:Public LawCalais Update: Duncan Lewis continues its work on behalf of Afghan Interpreters (7 September 2016)

 

Solicitor Lewis Kett, in the Public Law Team at Duncan Lewis, is working with charity Refugee and Asylum Seeker Participatory Action Research (RAPAR) in assisting two former Afghan interpreters for the British army who are currently stranded in the Calais “Jungle” in France.. Read more...

Duncan Lewis:Public LawThe DAC litigation: what was achieved, and where to go from here (7 September 2016)

 

On 10 August 2016 the Court of Appeal handed down Judgment in the case of R (TH, ZA and MNK) v Secretary of State for the Home Department [2016] EWCA Civ 815 . Permission to appeal was refused, and it follows that the generic argument on the operation of the Detained Asylum Casework System advanced by the Appellants ends. The wider ramifications of this decision will have to be carefully considered in the light of individual case facts, but it will not necessarily prevent individuals from showing unfairness in terms of the application of rules 34 or 35, protected characteristics, prejudice or unlawful detention.. Read more...

Duncan Lewis:Public LawA Member State of the European Union is not complying with its obligations under the Common European Asylum System (9 August 2016)

 

The recent Duncan Lewis judicial review case of Ibrahimi & Anor v The Secretary of State for the Home Department [2016] 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. . Read more...

Duncan Lewis:Public LawDuncan Lewis Public Law Director Adam Tear shortlisted for Solicitor Advocate of the Year and Human Rights Lawyer of the Year 2016 (4 August 2016)

 

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.. Read more...

Duncan Lewis:Public LawUpdate on France Dublin II Test Challenges (3 August 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. . Read more...

Duncan Lewis:Public LawThe degrading restriction on an asylum seeker’s right to work (1 August 2016)

 

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. . Read more...

Duncan Lewis:Public LawDuncan Lewis Immigration Director Toufique Hossain and assistant solicitor Rohena Wallace achieve Level 3 (Advanced) Immigration and Asylum Law Accreditation (26 July 2016)

 

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.. Read more...

Duncan Lewis:Public LawJudicial Review in the Upper Tribunal (25 July 2016)

 

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. . Read more...

Duncan Lewis:Public LawHome Office cannot lawfully require foreign nationals to state to officials from their home country that they are willing to return (19 July 2016)

 

The recent Duncan Lewis judicial review case of JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2016] 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.. Read more...

Duncan Lewis:Public LawLegal Aid Agency did not properly factor in the prospect of success when deciding whether Legal Aid should be granted through Exceptional Funding (11 July 2016)

 

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. . Read more...

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.’ . Read more...

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.. Read more...

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.. Read more...

Duncan Lewis:Public LawCourt 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.. Read more...

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.. Read more...

Duncan Lewis:Public LawJames 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). Read more...

Duncan Lewis:Public Law 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.. Read more...

Duncan Lewis:Public LawPour & 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.. Read more...

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.

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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. . Read more...

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.. Read more...

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.. Read more...

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.. Read more...