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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

Trafficking and Unlawful Detention (20 November 2012)

Following our article dated 20 April 2012, on the Unlawful Detention of Chinese Foreign Nationals, permission to seek Judicial Review has now been granted for one of these cases.  Read more...

Duncan Lewis:Immigration

Update on Italy Cases following EM (Eritrea) and Others (19 November 2012)

The ‘Italy cases’ centre on the application of Article 3(2) of the Dublin II Regulations and whether the conditions on return to Italy are in contravention of Article 3 ECHR.

Duncan Lewis:Immigration

Why are there no recent delay cases, has the UKBA resolved the legacy (20 September 2012)

Delay: Why are there no recent delay cases, has the UKBA resolved the legacy?  Read more...

Duncan Lewis:Immigration

Challenging the Treatment of Victims of Trafficking in Immigration and Criminal Proceedings in the UK (10 August 2012)

This article considers the current status of victims of trafficking under UK Immigration and Criminal law. It addresses the fact that, while significant progress has been made in terms of the identification of victims of trafficking by the authorities, and several guidance documents have been issued for the CPS and UKBA in relation to the identification and treatment of victims, trafficking victims continue to be detained, prosecuted and harshly punished for offences which arose directly from their situation of trafficking.   Read more...

Duncan Lewis:Immigration

Contempt of Court – second strike for the Home Secretary (13 July 2012)

The recent furore surrounding Foreign National Prisoners (FNP) and the debate over the basis upon which their appeals against deportation are allowed has recently been overshadowed in an unrelated incident relating to an FNP held within Immigration Detention.   Read more...

Duncan Lewis:Immigration

Misapplication of the law in the consideration of the welfare and the best interest of children (26 June 2012)

As per the article of 20 April 2012 on the statutory breach of the Secretary of State’s duty under Section 55 Borders, Citizenship and Immigration Act 2009, Duncan Lewis have initiated several challenges to the Secretary of State in this respect. However, more recently, cases have involved the misapplication of Section 55 and established case law. Even though the Secretary of State claims to have applied Section 55 and considered the best interest of children involved in accordance with relevant case law when issuing a decision to refuse leave, it is clear that she has repeatedly erred in the application of the law itself.   Read more...

Duncan Lewis:Immigration

Can Asylum Seekers Work? (20 January 2012)

The rights of asylum seekers concerning working in the UK have changed recently because of an EU directive, which was unsuccessfully challenged by the UK Government in the Supreme Court. The directive lets asylum seekers in the UK search for work as long as their claim for asylum has not been processed in the space of a year. The Government took the view that this directive did not apply to asylum seekers who had already submitted an application that had been rejected, and were submitting a second one, but the Supreme Court ruled against this.  Read more...

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