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In The Press News

Duncan Lewis:InThePress

UK condemned for deporting survivors of trafficking back to Vietnam (Guardian) (20 December 2016)

Ahmed Aydeed, from law firm Duncan Lewis, said some of his clients have been trafficked to the UK multiple times, with devastating consequences. “I’m overwhelmed by the scale and horror of the problem,” he said. “Our system is failing victims and potential victims of trafficking by not identifying and assisting them early enough.” Aydeed said one of his clients, a young woman, was trafficked to the UK and found working in a nail bar before being deported as an illegal worker in 2012. According to her lawyers, “there were clear indicators that she had been trafficked, which were not explored”. She was re-trafficked to the UK the following year. She said she was raped and forced to work in brothel in the UK. She only escaped when she miscarried. She was held in a detention centre for 16 months before lawyers from Duncan Lewis heard of her case. She had not been assessed as a trafficking victim despite telling the authorities she had been forced to work in a nail bar and a brothel where she was repeatedly raped. She also had scarring across her body consistent with torture. “I have seen a lot of women being raped and sold as sex slaves,” she said. “We left Vietnam with the promise that we could find work and make a lot of money. We didn’t know we would have to have sex with anyone … If I was ever sent back to Vietnam [again] … I’d rather die here.”  Read more...

Duncan Lewis:InThePress

Zambian born NHS nurse represented by Mervyn Cross is granted bail after being detained by the Home Office (BBC News) (20 December 2016)

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. Mervyn Cross, of law firm Duncan Lewis, said he was yet to receive correspondence from the Home Office confirming the latest developments.  Read more...

Duncan Lewis:InThePress

Sudanese children stage protest in France as UK rejects asylum claims (Guardian) (20 December 2016)

Protest in Biscarrosse comes after UK rejected applications of 39 boys who had previously been in Calais camp. Toufique Hossain, the director of public law at the UK-based Duncan Lewis solicitors, said that the 12 children he and his team are representing were informed verbally but given no written reason for the decision, a process he described as “absolutely shocking”.  Read more...

Duncan Lewis:InThePress

Hundreds of Calais child refugees have UK asylum claims rejected (UK Progressive) (19 December 2016)

Toufique Hossain, the director of public law at the UK-based Duncan Lewis solicitors, who is representing a large number of asylum seeker #children dispersed across France, said he and his team had received reports on Friday from more than 12 children they are representing, all of whom are at different centres. Hundreds of child asylum seekers in France who had been expecting to come to the UK have been told that the Home Office has rejected their claims. The children and teenagers dispersed from Calais in October have been advised to lodge their applications in France instead.  Read more...

Duncan Lewis:InThePress

Toufique Hossain comments on hundreds of child refugees in Calais 'have UK asylum claims rejected by Home Office' (Independent) (19 December 2016)

Toufique Hossain, director of public law at Duncan Lewis solicitors, represents a number of the children and told The Guardian that more than a dozen of children he represents had been told their applications have been rejected. He said: “From the reports we have received it seems as if this is an organised operation between the Home Office and the French authorities. The children have been told verbally that their asylum claims have not succeeded, but they have not been given any reasons why in writing. This is absolutely shocking.” Mr Hossain added: “The children are very upset but we are telling them not to run away.”  Read more...

Duncan Lewis:InThePress

Toufique Hossain responds to Home Office rejecting claims of child asylum seekers (Guardian) (19 December 2016)

Toufique Hossain, the director of public law at Duncan Lewis solicitors, is representing a large number of asylum seeker children dispersed across France and said he and his team had received reports on Friday from more than 12 children they are representing, all of whom are at different centres. “From the reports we have received it seems as if this is an organised operation between the Home Office and the French authorities. The children have been told verbally that their asylum claims have not succeeded, but they have not been given any reasons why in writing. This is absolutely shocking.” Hossain added: “The children are very upset but we are telling them not to run away.”  Read more...

Duncan Lewis:InThePress

Family & Child Care Solicitor Jaswinder Kalsi is awarded the Society of Asian Lawyers' Prestigious Lifetime Achievement Award (Asian Voice, November 2016) (16 December 2016)

The Society of Asian Lawyers (SAL) aims to promote and develop the legal profession in the Asian community within the UK. SAL’s prestigious flagship event, the Annual Awards and Ball 2016, took place on Saturday 19th November 2016 in London. Jaswinder said of her award that she was “absolutely surprised, humbled and honoured”.   Read more...

Duncan Lewis:InThePress

Jemma Garside appears on BBC's Victoria Derbyshire (BBC, November 2016) (16 December 2016)

Community Care Director Jemma Garside appeared on BBC’s Victoria Derbyshire on Wednesday 2nd November to discuss care homes banning relatives who make a complaint about the quality of care. Jemma commented that “we at Duncan Lewis have seen a rise in this kind of case. They are often most concerning where the residents do not have capacity to make decisions as to whether they should have contact with relatives or where they should live. It is then down to the Local Authority to make a ‘best interests’ decision and if this is disputed then the case will be transferred to the Court of Protection.”  Read more...

Duncan Lewis:InThePress

Christmas and New Year are fast approaching. Do you need to review your licensing requirements? (Asian Voice) (10 December 2016)

Director Rebecca Thomas of Duncan Lewis' Clinical Negligence Department discusses licensing requirements over the festive season. This is the busiest time of year for licensed premises who should review their existing licensing arrangements to ensure that they are up-to-date. The Licensing Act 2003 states that licensing activities are: the sale of alcohol; the supply of alcohol in a qualifying club; the provision of regulated entertainment; the provision of late night refreshment. If you are providing any of these activities you will usually require a Premises License.   Read more...

Duncan Lewis:InThePress

Toufique Hossain warns the guardian about the rising risk of Calais children in camp (28 November 2016)

Since 17 October, 233 children have arrived in the UK from Calais but many are still in the camp. Toufique Houssain, Director of Public Law and Immigration at Duncan Lewis, has warned that some of the children still in the Calais camp are at risk. Toufique specialises in law relating to vulnerable people including victims of torture and various other challenges to decisions made by the Secretary of State for the Home Department.

“We have been receiving texts from some of the children saying that bandits are coming into the containers and stealing their phones and their identity cards proving that they are minors,” he said. “We are very concerned to hear these reports.”   Read more...

Duncan Lewis:InThePress

The Huffington Post Sharia Councils A Parallel Legal System For Women Or A Requirement Of Faith (23 September 2016)

Aina Khan, Head of the Islamic Department at the law firm Duncan Lewis and campaigner for better protection for women believes she has the answer. She launched her campaign ‘Register `Our Marriage’ in 2014 to lobby for a change in the law and to spread awareness of lack of rights.

“The Marriage Act 1949 must be updated to require all faiths to register their marriages. This would mean Muslims must register religious ceremonies under civil law, just like they do in every Muslim country. (For decades, Imams abroad have faced criminal prosecution if they carry out an unregistered marriage and the husband is declared on a woman’s ID card. There are also civil systems in place for divorce). This change in our law will give British Muslim women the right to a civil divorce and a share of matrimonial finances. This civil divorce can be simply mirrored by an Islamic divorce from a Sharia Council within a few weeks and at low cost. This is already being done by my Islamic Department, which does not charge a client for an Islamic divorce if they have already obtained a civil one, and the fee of the Sharia Council is £100. In contrast, if there has not been a civil marriage, the fee of the Sharia Council is £300-£400 because of the extra work needed to investigate the divorce application. Plus I am increasingly hearing complaints of one year plus delays and misogyny, which causes deep distress to women who are already suffering.”

Duncan Lewis:InThePress

The Law Society Advocacy Section Contempt A Solicitor Advocate Perspective (21 September 2016)

In the first part of our annual series celebrating the nominees for the Solicitor Advocate of the Year award at the Law Society’s Excellence Awards, Adam Tear, the 2013 winner, offers his expert take on handling committal hearings - few and far between, perhaps, but an ever-changing area of the law.  Read more...

Duncan Lewis:InThePress

Why two marriage ceremonies are better than one (10 September 2016)

As wedding season is in full flow many bride and grooms round the country are making preparation for their big day preparing their lenghas/sherwanis and ensuring every function is perfected down to the minutest detail.  Read more...

Duncan Lewis:InThePress

Asian Voice Nationwide Housing Advice in Drying Up (27 August 2016)

The Law Society has helpfully compiled a heat map showing the availability of housing advice covered by Legal Aid in each town and city across the UK, using data provided by the Legal Aid Agency in March 2016. It has become apparent that, due to the cuts made to the legal aid budget in April 2013, the numbers of providers are set to diminish further.  Read more...

Duncan Lewis:InThePress

Changes to Immigration Act 2016 (13 August 2016)

How does this affect you if you are a business owner or manager in a company? The Home Office has recently made changes to the Immigration Rules on employing migrant workers, resulting in tougher penalties and stricter sanctions on employers who employ illegal workers and people without the Right to work.  Read more...

Duncan Lewis:InThePress

Welwyn Hatfield Times Hatfield man sentenced for child porn (5 August 2016)

A Hatfield man who admitted downloading child pornography after police raided the home he shares with his parents walked free from court on Monday.

Baker Martin Silsby, 46, was given four months in prison for each of four offences of making indecent images of children at St Albans Crown Court, but recorder Justin Rouse suspended the sentence for 18 months.  Read more...

Duncan Lewis:InThePress

Free Movement Prosecution for telling the truth (26 July 2016)

In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) held that the Home Office may not lawfully require the Claimant, under section 35 of the 2004 Act, to tell Zimbabwean officials that he agrees to return voluntarily.  Read more...

Duncan Lewis:InThePress

The Law Society Managing fixed costs in clinical negligence work (22 July 2016)

The government’s plans to introduce fixed recoverable costs for clinical negligence claims have been delayed, but are unlikely to be on hold for long. If this is the direction of travel, argues Rebecca Thomas, director in clinical negligence at Duncan Lewis, here’s how to make the regime work.  Read more...

Duncan Lewis:InThePress

Asian Voice Chinese visitors spending spree lifts UK high streets (16 July 2016)

The British population have decided to leave the European Union by voting in favour of Brexit. The immediate aftermath of the UK referendum has created a global wave of uncertainty to our economy, social and political landscape.  Read more...

Duncan Lewis:InThePress

Lawyer Monthly Immigration Detention in Order to Bring a Prosecution for Non-Cooperation With Removal is Unlawful (12 July 2016)

Legal 500 recommended law firm Duncan Lewis Solicitors are pleased to report the recent successful judicial review case of Ibrahim, R v SSHD where it was decided that the use of immigration detention in order to bring a prosecution for non-cooperation with removal is unlawful.  Read more...

Duncan Lewis:InThePress

Asian Voice What protection is available for forced marriages in the UK (2 July 2016)

“The definition of a Forced Marriage is breaching one’s Human Rights, without the valid consent of either party. In such cases an element of duress is always a factor”. The key difference between a forced marriage and an arranged marriage is the issue of consent. Forced Marriages can involve physical, psychological, emotional, financial and sexual abuse.  Read more...

Duncan Lewis:InThePress

TOEIC Fraud Allegations (11 June 2016)

The ^TOEIC^ uproar began in 2014 when the Secretary of State of the Home Department made a decision to cancel particular individuals^ visas; who had to leave to remain in the United Kingdom on the ground that they received an English Language qualification on a "TOEIC" certificate by fraud.

In this Asian Voice article immigration legal specialist, Sasha Lal, discusses the current situation in relation to TOEIC certificates.  Read more...

Duncan Lewis:InThePress

Asian Voice Is Your Home not Warm Safe or Dry (10 May 2016)

In this article in the Asian Voice Duncan Lewis Housing Director Diane Cowie discusses the obligations that Landlords owe to their tenants as part of the renting process.  Read more...

Duncan Lewis:InThePress

Asian Voice The Family Legal Aid Changes in Practice (5 May 2016)

In this article for the Asian Voice Family and Childcare Director Emine Mehmet discusses the Legal Aid changes to the area of Family Law in practice.  Read more...

Duncan Lewis:InThePress

Asian Voice A Guide to the Tier 1 Exceptional Talent Visa Route (5 May 2016)

In this article for the Asian Voice Shyam Dhir of the Duncan Lewis Immigration department discusses the options available to non-EEA skilled migrants to either enter or remain in the UK, who may be recognised as "Exceptionally Talented".  Read more...

Duncan Lewis:InThePress

The Times Lawyer of the Week Lewis Kett (21 April 2016)

We are very pleased to report that Duncan Lewis’ trainee immigration solicitor Lewis Kett is The Times’ lawyer of the week this week because of his work on the Afghan interpreter case. This is the first time a trainee solicitor has been featured.

The Times stated;

Lewis Kett, a trainee solicitor in the immigration department of Duncan Lewis, advised the Afghan military interpreter whose successful claim for asylum - after seven years - has resulted in the Home Office “reviewing” its policy of removing Afghan military interpreters to Afghanistan.   Read more...

Duncan Lewis:InThePress

Home Office subjects asylum seeker to 407-mile detour across UK (14 April 2016)

Duncan Lewis were featured in The Guardian regarding the case of Mohamed Ahmed.

Mohamed Ahmed was released from detention and sent to Liverpool, only to be returned to his accommodation in London, 22 miles from where he was being held.

Ahmed’s lawyer Harbinder Kaur Singh, of Duncan Lewis Solicitors, challenged his detention and argued that it was unlawful to detain him because he is a survivor of torture and has outstanding legal representations with the Home Office. Ahmed has not committed any crime and since he arrived in the UK in May 2012 has missed only one Home Office reporting session when he was ill, so is not considered at risk of absconding.  Read more...

Duncan Lewis:InThePress

The Huffington Post UK Up to 1,000 Asylum Seekers at Risk of Being Returned to Afghanistan as Major UK Refugee Charity Challenges the Government's Policy (6 April 2016)

Duncan Lewis Solicitors featured in the Huffington Post in an article which discussed the matter of Asylum Seekers at risk of being returned to Afghanistan as major UK Refugee Charity challenges the government^s policy.

As many as 1,000 Afghan asylum seekers, many of whom entered the UK as unaccompanied children, are in danger of being deported from the UK back to
Afghanistan, according to law firm Duncan Lewis Solicitors. Cases will now be considered, after Home Secretary Theresa May won the right to resume deportations to Afghanistan in early March. The decision, made by the Court of Appeal, overturned an injunction imposed in May 2015, which prohibited all removals to Afghanistan due to fears over security. The Home Office told Duncan Lewis Solicitors seven months ago that the ban had prevented approximately 400 people from being deported. A spokesperson at the firm now estimates that this figure could be close to 1,000.

Duncan Lewis:InThePress

BBC News The young Afghans hiding to avoid deportation (30 March 2016)

Duncan Lewis Solicitors’ case of HM Afghanistan was subject to an article in BBC News.

“Hundreds of failed Afghan asylum seekers who fled to the UK as children face deportation following a court ruling. Many have gone on the run, refusing to be sent back to the war-torn country.”

Duncan Lewis:InThePress

The Guardian Home Office 'to review' policy on returning Afghan military interpreters (29 March 2016)

The Home Office is reviewing its controversial policy of returning Afghan military interpreters to their home country after granting asylum to a former interpreter it initially tried to remove from the UK, according to lawyers involved in the case.

Lewis Kett, the interpreter’s representative at Duncan Lewis solicitors, welcomed the news and said Home Office officials informed him at an earlier court hearing that a review of the policy of returning interpreters to Afghanistan is underway.

Kett said: “At the court hearing in January, a Home Office official explained that the policy team had been considering their position in general on Afghan interpreters and ... that they wanted to review their policy on interpreters in light of the substantial body of new evidence we had provided to them.”  Read more...

Duncan Lewis:InThePress

Daily Mail Former Afghan interpreter is granted asylum in the UK in major victory for the Mail after year officials tried to send him back home (29 March 2016)

A former Afghan military interpreter has been granted asylum. The 31-year-old, who worked with UK and other coalition forces on the front line against the Taliban for seven years, was this week told he could stay.

Only last April, immigration officials attempted to put him on a plane to Afghanistan.

Last night Lewis Kett, a lawyer from Duncan Lewis Solicitors, said the Home Office is reviewing its controversial policy of returning Afghan military interpreters to their home country.  Read more...

Duncan Lewis:InThePress

Daily Mail Heavily pregnant woman fights for her life (4 March 2016)

A heavily pregnant woman is fighting for her life today after being found with a dead body above a London pub where Celebrity Big Brother star Daniella Westbrook has a bar job.

Duncan Lewis are representing the Defendant in this matter.  Read more...

Duncan Lewis:InThePress

AsianVoiceCourtofAppeal (1 March 2016)

In this article for the Asian Voice, Duncan Lewis Family Law Director Sarah Jopling discusses Legal Aid for Domestic Violence victims in line with the newest Court of Appeal ruling.  Read more...

Duncan Lewis:InThePress

Gap-year students deciding asylum claims (1 March 2016)

Immigration lawyers condemn Home Office practice of recruiting undergraduates to make potentially life-or-death judgments.

Duncan Lewis Public Law Director Toufique Hossain was quoted in this article in The Guardian on the 28th February 2016;

“Asylum decisions are very much life or death matters. Complex areas of law are involved relating to EU charters, conventions and directives. It is very concerning that the Home Office is bringing in students to make these decisions and that all of the decision-makers are given just five weeks’ training.” He added: “There is no legal aid for asylum seekers to be accompanied by a solicitor when they make their initial claim for international protection. So it might just be them and a student. If the case is wrongly refused, it is harder for an asylum seeker to come back from the initial negative decision when their appeal is heard.”  Read more...

Duncan Lewis:InThePress

Asian Voice Renting A Brave New World (19 February 2016)

In this article in the Asian Voice Duncan Lewis Housing Director Dianne Cowie discusses the difficulties posed to individuals seeking to rent property.  Read more...

Duncan Lewis:InThePress

AsianvoiceLucy (10 February 2016)

In this Asian Voice article, Duncan Immigration Director Solicitor Lucy Philps-Tate discusses the difficult decision faced by many couples choosing between a Fiance visa or a Spouse visa.   Read more...

Duncan Lewis:InThePress

asianvoicekirstyr (19 January 2016)

Duncan Lewis Family Director Kirsty Richards penned this article for the Asian Voice discussing the Family law matter of the 26 week rule in Care Proceedings involving a parent(s) with mental health issues.  Read more...

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