Public Law

When public bodies

act incorrectly, they

need to be challenged.

Public Law Team

Adam Tear


Duncan Lewis: Adam Tear

Director
Head of Department
Harrow Office

Tel: 020 3114 1149

Mob: 07920077043
Email:
adamt@duncanlewis.com

Adam joined Duncan Lewis in September 2008 and is currently a Director and Joint Head of Department of the Public Law Team at the Harrow office. Adam formerly worked for White Ryland Solicitors and has done volunteer work for the Free Representations Unit.

Adam was called to the Bar in 2000 and cross qualified as a Solicitor in 2004, and as a Solicitor Advocate in 2005. He is qualified under the Immigration & Asylum Accreditation Scheme as a Level 3 Advanced Caseworker and Supervisor. This is the highest level of accreditation in the Immigration and Asylum Accreditation Scheme (IAAS).

Adam has acted as both a Solicitor and Advocate in numerous matters, appearing as Solicitor Advocate in the Court of Appeal cases of:-

  • Bahta and others v Secretary of State for the Home Department [2011] EWCA Civ 895,
  • DT (Eritrea) v Secretary of State for the Home Department [2009] EWCA Civ 442 which progressed to the Supreme Court as ZO (Somalia) and others v Secretary of State for the Home Department [2010] UKSC 36

Adam was the Solicitor in Supreme Court cases:

  • R oao ST (Eritrea) - Appeal from the Court of Appeal in relation to recognition as a refugee due to be heard Jan 2012
  • DD (Afghanistan) - Appeal from the Court of Appeal in relation to Article 1F(C) due to be heard in May 2012

House of Lords for the cases:

  • R oao B v SSHD, (2005) 1 WLR 1063 - scope of art 1C(5) of Refugee Convention - victims of atrocious past persecution - rape as a weapon of war.
  • SSHD v Limbuela, [2006] 1 AC 396 - Breach of Article 3 not to support destitute asylum-seeker
  • Mohammed v SSHD [2006] 2 AC 426 - First case referred from the High Court to the Court of Appeal as a point of law, under the Statutory Appeal - first in a series of cases dealing with internal relocation within Sudan.
  • SSHD v AH (Sudan) [2007] UKHL 49 - Darfur - racial persecution of minority by its own state - concept of state protection - meaning of internal relocation.

Court of Appeal cases of:

  • Bahta [2011] EWCA Civ 895 - Costs in Judicial Review matters following a win.
  • DT (Eritrea) [2009] EWCA Civ 442 - Article 8 - Right to work appeared as Advocate, lead by Michael Fordham QC.
  • KH (Afghanistan) [2009] EWCA Civ 1354 - article 3 - mental illness and destitution
  • AH & FH (Kosovo) [2009] EWCA Civ 1032 - sons of collaborators and risk of return to Kosovo

High Court cases of:

  • R oao FH and Others [2007] EWHC 1571 - Established that in exceptional circumstances delay will be Judicial Reviewable. Appeared as Advocate, lead by Manjit Gill QC.
  • R oao Frezghi Semere [2009] EWHC 335 - which confirmed time limits for the submission of applications for reconsideration in immigration and asylum appeals, extending the deadline from 4pm on the last day for service until the end of that day.

Adam has given a lecture with CLT on judicial review procedure, and continues to provide extensive in house training.