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Unlawful Detention Of Chinese Foreign Nationals (20 April 2012)

 

The public law team have recently been working with a number of Chinese nationals who are being detained under Immigration Powers for excessive periods (ranging between 12 months to 24 months), where the client has no prospect of removal under the R(Hardial Singh) v Governor of Durham Prison [1983] EWHC 1 (QB) principles.

 

 

When is a refugee not a refugee? (20 April 2012)

 

Following the judgment of the Supreme Court in the case of R oao Saba Tesfamichael v Secretary of State for the Home Department, [2012] UKSC 12, handed down on the 21 March 2012, the Supreme Court have given further guidance following Hoxha and B v Secretary of State for the Home Department, [2005] UKHL 19.

 

 

Breach of duty under section 55 of the Borders, Citizenship and Immigration Act 2009 (20 April 2012)

 

The failure to consider the best interests renders a decision unlawful and challenges by way of public law need to address the breach of the SSHD’s statutory duty under Section 55.

 

 

Undocumented Asylum Seekers & s.2 Immigration and Asylum Act (Treatment of Claimants) 2004 by Kat Hacker (20 December 2011)

 

You’re fleeing your country, being persecuted for your political beliefs. You arrive in the United Kingdom to claim asylum: a place of safety and a firm advocator of human rights. You believe that you will be treated with dignity and respect.

 

 

Crown Court Bail – on what terms? By Kat Hacker (20 December 2011)

 

How do you prove after having made a successful bail application to the Crown Court, that your client has been granted bail? The answer, rather unbelievably, is ‘with great difficulty’.

 

 

Courtbusters (1 August 2011)

 

As set out in our earlier article Who you gonna call? we have previously written to the Administrative Court to express our concern about the difficulties in having an application for interim relief heard overnight by a duty Judge

 

 

The Law is the law – and it pays to remember that (1 August 2011)

 

The Court of Appeal in the case of Bahta, a case 'of general application', criticised the approach of Administrative Court Judges to relief and costs and forcefully restated the principle that their judgments represent the law until and unless they are overturned. The case also represents a landmark recognition of the duties of the courts to legally aided practitioners.

 

 

Who you gonna call? Getting an out of hours application heard (31 May 2011)

 

Duncan Lewis recently wrote to the Administrative Court raising concerns about recent restrictions on access to duty judges when seeking emergency injunctions out of hours. The Court has replied, and indicates that these applications should usually be heard.

 

 

Equivocal plea – ‘I did it but I’m not guilty’ (31 May 2011)

 

A recent prison law judicial review case dealt with adjudication charges against five prisoners. An incident took place in HMP Full Sutton in which the five claimants fought with another group of male prisoners. Hot oil was thrown and a number of prisoners and a prison staff were injured.

 

 

Mansoor v Secretary of State for the Home Department [2011] EWHC 832 (Admin) (31 May 2011)

 

The Claimant was a national of Yemen. She sought Judicial Review of the Secretary of State for the Home Department’s refusal to grant her indefinite leave to remain in the United Kingdom in order to continue to reside with her husband and children.

 

 

To count, to discount or the middle way: A modern day trilemma (21 March 2011)

 

The question before the Court of Appeal in the conjoined appeals of Secretary of State for the Home Department v Hassan Abdi and Afrah Khalaf v Secretary of State for the Home Department [2011] EWCA Civ 242 was "in deciding whether a foreign national (prisoner) facing deportation has been detained for too long, does time which he has spent appealing against deportation count?"

 

 

Court of Appeal to reconsider the principles applicable to awarding costs in the Administrative Court (21 March 2011)

 

Duncan Lewis were today granted permission to appeal to the Court of Appeal against decisions refusing to award costs to the Claimants in the High Court in a test case.

 

 

Dispatches from the front: the latest developments in permission to work litigation (21 March 2011)

 

The case of Negassi was heard as a test case on the question of whether the Secretary of State should be liable in damages for unlawfully refusing to grant permission to work to repeat asylum seekers who had not had their claim decided for a year.

 

 

Success in the ECtHR (2 February 2011)

 

Duncan Lewis’s application to the European Court of Human Rights for an injunction preventing the removal of our client ‘VG’ to Jamaica has today been granted.

 

 

Supreme Court to Rule on the Susceptibility of the Upper Tribunal to Judicial Review (14 January 2011)

 

In our earlier article Supreme Court for the "Superior Court"? we predicted that the issue of whether, and if so on what basis, the Upper Tribunal was susceptible to judicial review would have to be settled by the Supreme Court. That has proved to be the case.

 

 

Paving the Road to Hell (14 January 2011)

 

Only the cynical would doubt that the government had the best of intentions in raising the age of both parties to a marriage from 18 to 21 with the stated aim of tackling the acknowledged evil of forced marriage.

 

 

When the Tribunal has the Power of Judicial Review (14 January 2011)

 

It is envisaged that the Tribunal will exercises the power of the High Court when Section 15 of the Tribunal, Courts and Enforcement Act 2007 comes fully into force. There has already been considerable resistance to this idea, and we wait to see when the time is chosen. In this article we consider some of the difficulties that this might give rise to.

 

 

Duncan Lewis Trainee offered Solicitors roles in Public Law team, Shepherds Bush Branch (26 November 2010)

 

Duncan Lewis is committed to providing training and has shown in the past that there are career progression opportunities at the firm. Sonia Lenegan recently completed her training contract at Duncan Lewis and has since been offered a solicitor role in the Public Law team at Duncan Lewis' Shepherds Bush branch.

 

 

Court slams Home Office attempt to stifle justice (11 November 2010)

 

Ms Pengayo was studying with Leave in the United Kingdom. She enrolled upon a course at an approved college in accordance with Home Office Guidelines. Later however the college was removed from the register because it had been found to be issuing some bogus qualifications.

 

 

Permission to Work – An update from the front (5 November 2010)

 

One important detail has already emerged. The Secretary of State is attempting to leave open the question of whether or not the failure to issue PTW was lawful, and attempting to argue that she was entitled to await the outcome of the ZO litigation before deciding to issue PTW. Needless to say, we do accept that view.

 

 

The impact of Section 96 in Judicial Review proceedings, or a catalogue of errors (5 November 2010)

 

A client of mine was removed in pursuance of a deportation order earlier this year, this could have been avoided. Her appeal against deportation was dismissed on the 4th November 2009, despite the fact that she was legally represented at this time, her previous solicitors failed to obtain key evidence of her subsisting relationship with her husband, a British national.

 

 

Interim Relief – order for release; bail by a different name? (5 November 2010)

 

Interim relief allows an applicant to seek a preliminary order in ongoing litigation. It is very often used to preserve the status quo. In an application for Judicial Review challenging unlawful detention of an immigration detainee it would be used to seek the Claimant’s release.

 

 

Serve the Child (8 September 2010)

 

Duncan Lewis have been granted permission for judicial review in an important case that deals with the duty the Secretary of State has to safeguard the interests of minors in her custody.

 

 

Permission to work – the battle continues (8 September 2010)

 

We at Duncan Lewis, considered our work done: that our clients with outstanding requests for permission to work and those with pending Judicial Review claims stayed behind ZO, would be granted permission to work and costs in these claims would be awarded in our favour given that the Claimants’ substantive case has proved good. Frustratingly, this was not the case.

 

 

Supreme Court for the ‘Superior Court’? (8 September 2010)

 

Governments generally appear unable to resist tampering with the justice system. The introduction of a unified tribunal system through the Tribunals, Courts and Enforcement Act 2007 (TCEA) which, broadly speaking gathered together a large number of tribunals and appeal processes under one roof, and then formulated common rules to govern them, has at least the surface virtue of simplifying and codifying the law.

 

 

In limbo, with no end in sight - Naim Rahman comments on the recent case law entitling 45,000 people the right to work (5 August 2010)

 

‘ZO’ was a lone, vulnerable, young single female who had suffered truly terrible treatment in her home country of Somalia. Refused asylum on an initial application, she submitted a second claim based on previously unavailable evidence. This claim, once considered, was highly likely to result in a grant of leave to remain in the UK.

 

 

Duncan Lewis wins right to work for 45,000 people (30 July 2010)

 

An estimated 45,000 will be entitled to work in the UK as a result of the Supreme Court ruling in “ZO” – in a case brought by Duncan Lewis solicitors.

Delays in the time it takes for the UK Border Agency (UKBA) to process asylum claims causes hardship to thousands. These hardships were exacerbated by the inability to find lawful work during the time spent waiting for a decision.

 

 

Pre-permission cost disputes in Judicial Review on the rise (12 July 2010)

 

Costs issues regularly arise in the context of judicial review proceedings. Often, as the claimant is financed by the Legal Services Commission, the issue is not considered pivotal. However, given the significant financial costs in bringing the proceedings, this is problematic.

 

 

Remedies for detention in the fast-track process (12 July 2010)

 

Given that the right to liberty is accepted by all concerned as being at the very heart of the protection that the courts provide from the arbitrary power of the state, it is perhaps surprising that there is a dearth of authorities on the ambit of Saadi.

 

 

Sex, Drugs & Refused Parole: The Impact of Gill (12 July 2010)

 

Offending Behaviour Programmes of various shapes and sizes are available to prisoners wishing to reduce their risk of reoffending and address their offending behaviour, but only under certain provisos – that usually deny places to those with mental disabilities.

 

 

ZO (Somalia) and Ors v Secretary of State for the Home Department: DT (Eritrea) (17 May 2010)

 

It is now generally well known that asylum seekers whose ‘further representations/fresh claims’ have remained outstanding for more than one year have the right to take employment. Currently the law stands in their favour, and applications for relief where the Secretary of State refuses or delays consideration of an application for permission to work are routinely granted following the judgment of the Court of Appeal in ZO (Somalia). This article considers recent developments in the case.

 

 

Too Many Cooks: The Dangers of Unsanctioned Third Party Action (17 May 2010)

 

Supervisors continually stess the importance of "maintaining control over one's clients". Initially, it may seem unclear as to what was meant by this; however the point is illustrated in this article during the course of one Judicial Review case.

 

 

Naim Rahman wins SAL Young Lawyer of the Year 2010 (12 May 2010)

 

Who says hard work and determination don’t pay off? Naim and colleagues attended the Society of Asian Lawyers 15th Annual Ball at the Mariott Grosvenor Square. The night was well attended and an enjoyable night was had by all. Naim who joined the firm in 2003 qualified as a solicitor in June 2006 was presented with the award for Young Lawyer of the Year 2010 by the Vice President of the Law Society of England and Wales, Linda Lee, and the Chairman of the Society of Asian Lawyers, Sundeep Bhatia. He is currently a Partner and Joint Head of the Public Law department, based at the Hackney office.

 

 

Pro Bono Committee (25 March 2010)

 

Duncan Lewis is proud to be able to deliver a high standard of legal advice across a wide range of areas whilst conducting its business in a socially responsible manner. Our day to day practice highlights to us the growing severity of the unmet legal needs of the disadvantaged in the communities we serve, and we are responding to it.

 

 

UK Border Agency’s Legacy Exercise in disarray (19 March 2010)

 

Delays on the part of UK Border Agency under the Legacy Exercise and to resolve priority applications lead not only to frustration and anxiety on part of the applicants but may also lead to loss of unique talent, as a promising football player’s career is jeopardised by the unreasonable hold up in determining his application.

 

 

Removal without notice in the 'best interests' of Claimants ruled unlawful (19 March 2010)

 

The linked judicial reviews of the decisions of the Secretary of State for the Home Department by T and M [2010] EWHC 435 (Admin) were heard before Collins J on 18 February 2010 and the judgement is now available on BALLI . This case will clearly be of great importance to Immigration and Public Law Practitioners in so far as it impacts upon the position of unaccompanied minors and the Dublin Convention. However the focus of this article is upon the findings of Mr Justice Collins in relation to same day removal.

 

 

Immigration Rules and the Date of Decision (1 October 2009)

 

Applicants for leave under the Immigration Rules must meet the terms of those rules at the time that the application is decided, not the rules in force at the date the application is made

 

 

Protective Costs Orders approved by the House of Lords (1 October 2009)

 

Protective Costs Orders are something of a constitutional novelty, and the principles that govern their award, their ambit and even their very existence have been controversial

 

 

Incarceration Does Not Bring Compensation (1 September 2009)

 

In an unusual case, the House of Lords has confirmed that a person cannot benefit from their own wrongdoing

 

 

Public Law Specialists (14 December 2007)

 

Public law is the name given to the branch of law that governs the relationship between the state and individuals. Although a little known practice area the workings of public law can be seen daily in some of the most high profile news items – for example in relation to the controversial powers with regards the detention of suspected terrorists.