Have a question?
033 3772 0409

Immigration Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Immigration

Article 1F(c) Exclusions – Fighting the UN (13 December 2010)

On the 10 December 2010, the Court of Appeal, promulgated Secretary of State for the Home Department v DD (Afghanistan)[2010] EWCA Civ 1407. This is a fundamental review of the law in relation to exclusion under the Geneva Convention on Refugees under Article 1F(c).  Read more...

Duncan Lewis:Immigration

United Kingdom: Court Of Appeal Underlines that Unfair Decisions will be Set Aside, Whilst Expanding the Jurisdiction of the First Tier Tribunal (13 December 2010)

Those who deal regularly with the UK Border Agency will sadly be accustomed to receiving unfair decisions, which can have a devastating impact upon the lives of their clients, no matter how blameless they may be.  Read more...

Duncan Lewis:Immigration

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.  Read more...

Duncan Lewis:Immigration

Detention Centre contracts outcome from the Legal Services Commission (3 November 2010)

Duncan Lewis has been awarded contracts for onsite surgery rotas and in immigration services for fast track scheme rotas at many immigration removal centres. Duncan Lewis has one of the largest immigration departments in the UK.   Read more...

Duncan Lewis:Immigration

Private Life applications for children following the withdrawal of DP5/96 (11 October 2010)

The ‘seven year policy’ (DP5/96) previously provided that a minor child who had spent seven years in the United Kingdom should not normally be subject to removal (and that the child’s parents should then also be granted leave to remain).   Read more...

Duncan Lewis:Immigration

Should EU Nationals be deported from the UK? (11 October 2010)

I had been inspired by QC Ian MacDonald’s take on this same issue in his book: MacDonald’s Immigration Law & Practice; the First Supplement to the Seventh Edition. I commend the learned QC for opening up a debate on this issue and whilst the learned QC had broadened his question for a rethink on the whole of the UK deportation law; I have limited my argument to the deportation of EU nationals.
  Read more...

Duncan Lewis:Immigration

Zimbabwe: Who can or should have to demonstrate loyalty and avoid persecution? (11 October 2010)

It is already established principle after the Supreme Court ruled in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department that no person should be expected to modify their behavior in order to avoid persecution. Although that particular appeal concerned the right of homosexuals in Iran and Cameroon not to be required to hide their sexuality, could the same principle be applied to political refugees who claim a right not to be expected to demonstrate a particular political opinion?

  Read more...

Duncan Lewis:Immigration

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.   Read more...

Duncan Lewis:Immigration

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.  Read more...

Duncan Lewis:Immigration

Deportation and Duress (14 June 2010)

The state is understandably eager to deport foreign criminals; many foreign criminals, for their part, are equally eager to stay, often relying on an established family life within the United Kingdom.   Read more...

Duncan Lewis:Immigration

Protecting Vulnerable People in Immigration Detention (14 June 2010)

Nearly 30,000 people are held in immigration detention in the UK every year. It has long been the Secretary of State (SSHD)’s own policy that those suffering from serious medical conditions or the mentally ill are normally considered suitable for immigration detention in “only very exceptional circumstances” .   Read more...

Duncan Lewis:Immigration

Coalition unveils plan to send child asylum seekers back to Ahfghansit (14 June 2010)

Most of us hoped that the presence of the Lib Dems in the new government would see transference of at least some of their manifesto pledges on immigration into actual Government policy. However, one of the Coalition’s first announcements concerning asylum policy does much to dash these hopes.   Read more...

Duncan Lewis:Immigration

Forced Marriage: that Demned Elusive Age Restriction (19 April 2010)

On 15 February 2007, Professor Marianne Hester, Head of the Centre for Gender and Violence Research at the University of Bristol’s School for Policy Studies, delivered a report commissioned by the Home Office.   Read more...

Duncan Lewis:Immigration

Good News from the ECJ – this time for Parents (19 April 2010)

Freedom of movement for EU workers and their families within Member States has long been established under EU law. Article 10 of the EC regulation provided that the members of the family of a migrant worker had the right to install themselves with that worker, irrespective of their nationality.   Read more...

Duncan Lewis:Immigration

Fixed-Term Contracts and Overseas Workers (12 April 2010)

The Court of Appeal has ruled (Duncombe, Fletcher and others v Secretary of State for Children, Schools and Families) that staff regulations instituted by the board of governors of the ‘European Schools’, that restricted the period of employment of teachers to nine years, were unlawful as the rule could not be objectively justified as necessary under the EC Fixed-Term Workers Directive and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, which implement the Directive into UK law.  Read more...

Duncan Lewis:Immigration

Immigration – Identity Cards for Foreign Nationals – Tier 2 (12 April 2010)

In November 2008, the UK Border Agency (UKBA) introduced a new system making it compulsory for migrants from outside the European Economic Area and Switzerland to obtain an identity card for foreign nationals (ICFN). Use of ICFNs is being introduced gradually by immigration application type.  Read more...

Duncan Lewis:Immigration

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.  Read more...

Duncan Lewis:Immigration

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 BALLI1. 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.  Read more...

Duncan Lewis:Immigration

How long must you wait? (22 February 2010)

On 8 February 2010, the Parliamentary and Health Services Ombudsman, Ann Abraham, published a report into the immigration system entitled Fast and Fair; She found that the UK Border Agency (UKBA) have shown “numerous examples of very poor customer service”. The majority of complaints made to the UKBA are from people who are facing “long delays awaiting a decision on their application”. She also found “consistent failures in responding to correspondence and complaints, mislaid files and poor record keeping, failure to manage customers’ expectations (or unreasonably raising them) and poor standards of advice and information…”   Read more...

Duncan Lewis:Immigration

How Long must you wait? (22 February 2010)

On 8 February 2010, the Parliamentary and Health Services Ombudsman, Ann Abraham, published a report into the immigration system entitled Fast and Fair? She found that the UK Border Agency (UKBA) have shown “numerous examples of very poor customer service”. The majority of complaints made to the UKBA are from people who are facing “long delays awaiting a decision on their application”. She also found “consistent failures in responding to correspondence and complaints, mislaid files and poor record keeping, failure to manage customers’ expectations (or unreasonably raising them) and poor standards of advice and information….”  Read more...

Duncan Lewis:Immigration

Managing Migration (22 February 2010)

In February 2008 the Points Based System (PBS) was introduced where it was described as ‘the biggest shake - up to the UK immigration system for forty years”. The PBS combines over 80 pre existing work and study routes into five categories, or “tiers”.  Read more...

Duncan Lewis:Immigration

Permission to work? (22 February 2010)

There are thousands of foreign nationals in the United Kingdom anxious to take employment if given the opportunity to work, and many employers would welcome the skills and work ethic that they can
bring to the workplace. Employers are generally familiar, at least in outline, with the requirements of the Immigration Rules that apply to those that come to the United Kingdom for the purpose of taking
employment. In this series of articles we explore the position of those who may have the right to work in the United Kingdom, despite not entering for that purpose.
  Read more...

Duncan Lewis:Immigration

Managing Migration (22 February 2010)

In February 2008 the Points Based System (PBS) was introduced where it was described as ‘the biggest shake - up to the UK immigration system for forty years”. The PBS combines over 80 pre existing work and study routes into five categories, or “tiers”.  Read more...

Duncan Lewis:Immigration

Permission to Work (22 February 2010)

There are thousands of foreign nationals in the United Kingdom anxious to take employment if given
the opportunity to work, and many employers would welcome the skills and work ethic that they can
bring to the workplace. Employers are generally familiar, at least in outline, with the requirements of
the Immigration Rules that apply to those that come to the United Kingdom for the purpose of taking
employment. In this series of articles we explore the position of those who may have the right to work in the United Kingdom, despite not entering for that purpose.  Read more...


For all Immigration related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is Spencer House, 29 Grove Hill Road, Harrow, HA1 3BN. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.