Public Law Solicitors

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.

Ms Ngoza was detained in the Yarl’s Wood Immigration Removal Centre and her removal directions were set for 30 November 2016 at 5pm. Our client is a vegan and due to the poor diet there she lost 10 pounds in 17 days. Duncan Lewis was instructed to obtain her release. The aim for Duncan Lewis was to stop Dianne Ngoza’s removal and apply for bail at the First-Tier Tribunal, after the refusal of temporary admission. Removal was stopped by applying for a Judicial Review on 30 November 2016 when the Home Office failed to confirm that her removal would be deferred whilst her application was pending, despite parliamentary intervention.

Dianne Ngoza came to UK from The Republic of South Africa in 2002 and entered legally through a work permit and visa. For the next two years she was employed by the NHS as a nurse and was joined by her 11 years-old daughter. Ms Ngoza was told that her daughter would have to return to South Africa and apply to join her mother, this presented several difficulties. Fearful of losing her daughter she did not re-apply for her own visa and stayed in the country without valid leave.

Since then, Dianne attempted to legalise her stay several times. Her efforts were initially jeopardised by previous representatives, against whom she had to file a complaint in the Legal Ombudsman. Since then Ms Ngoza sent several applications which were never addressed by the Home Office. During her stay in the UK Ms Ngoza was not only attempting to make her stay legal but also became active in several charities helping refugees. Over the time she became a prominent public speaker and gained recognition as a campaigner and Human Rights activist. In Manchester had become involved in a variety of organisations: Women Asylum Seekers Together (WAST), Manchester City Of Sanctuary, United For Change, Migrant Solidarity Group, Revive and, most recently, RAPAR. Through this activity and recently had been nominated for a Spirit of Manchester 2016 award.

On 6 December during the bail hearing, Judge Ruth decided to grant bail, agreeing with Duncan Lewis’s arguments that Ms Ngoza does not present any threats to the public and there is no risk of absconding considering her previous exemplary behaviour. After listening to the statements made by two credible sureties, who are recognised and respected members of the community, and after listening to Ms Ngoza’s statement the Judge decided that our Client should be released. It was emphasised that although the petitions supporting Ms Ngoza’s release, signed by several hundred people, were not influencing the decision directly, due to the nature of how popular and recognisable our client is there was no risk of potential absconding. Ms Ngoza, who after 22 years spent in the UK defines herself as British, received overwhelming support not only from the campaigners and local community but also was from various religious groups and members of Parliament.

This case seems to be another instance illustrating the one-size-fits-all merciless modus operandi of the Home Office and proves the importance of good representation at all levels of the immigration process. Fortunately she was able to obtain legal advice for Duncan Lewis.

Author and solicitor with lead conduct in this case, Mervyn Cross, is a consultant solicitor with Duncan Lewis’ Public Law department. Mervyn provides advice in Nationality Law, Asylum and EU Law matters as well as specialising in Detained Asylum Casework matters, and matters concerning unaccompanied asylum seeking minors. He routinely represents clients in tribunal appeal proceedings at the Immigration and Asylum Chamber.

Duncan Lewis’ Public Law department, recommended by Legal 500 2016 for its depth of experience in immigration and civil liberties challenges, is now well established and known by the Legal Aid Agency, the Courts, and the Treasury Solicitor. This enables us to quickly and effectively obtain funding, manage cases with the Court (get quick listings, direct access to Court lawyers) and communicate effectively with team leaders at Treasury Solicitors.