James Packer Featured in Chronicle Law Article on Trans Migrants Facing Immigration Hurdles (24 June 2025)

Public Law Director James Packer has been featured in Chronicle Law for his work on a case that brings into sharp focus the challenges transgender migrants face within the UK’s immigration system, particularly in light of the Home Office’s ongoing transition to the digital-only eVisa platform.

The article, titled Trans Migrants Face Additional Immigration Document Hurdles, sheds light on the case of James’s client “S,” a transgender woman who, despite winning her asylum appeal in June 2024, waited nearly a year to receive confirmation of her immigration status in the correct name via the new eVisa system.

Bureaucratic Hurdles for Trans Clients

The Home Office’s insistence on using S’s previous (masculine) name—despite clear evidence of her name change by deed poll—illustrates the often discriminatory and unresponsive processes transgender clients face. In S’s case, the refusal to issue identity documents in her acquired name posed a serious threat to her ability to access healthcare, benefits, and housing, and to live her life with dignity.

Our Public Law team responded firmly, arguing that the Secretary of State’s position amounted to unlawful discrimination under the Equality Act 2010, specifically concerning the protected characteristic of gender reassignment. It also constituted a breach of the public sector equality duty. The team further invoked Articles 8 and 14 of the European Convention on Human Rights (ECHR), highlighting the fundamental nature of identity and the right to live free from discriminatory treatment.

Faced with the weight of these legal arguments, the Secretary of State ultimately agreed to issue S’s immigration documentation in her chosen name.

eVisa Rollout and Systemic Failures

Despite this success, further administrative failings arose. With the Home Office phasing out Biometric Residence Permits (BRPs), S was required to obtain a digital eVisa. However, like many others, she was unable to set up a UKVI account without access to an expired immigration document—something the system does not accommodate.

S, and others like her, were left in limbo, unable to work, rent, or access key services. A judicial review became necessary to push the Home Office to act. Once proceedings began, the Home Office issued a biometric appointment under her correct name and ultimately set up her eVisa account—another unfortunate example of justice being accessible only through litigation.

This case highlights the urgent need for reform and careful consideration in the rollout of digital immigration systems. As The Guardian recently reported, an estimated 700,000 migrants were still without an eVisa days before the 1 June deadline—evidence of a deeply flawed administrative process.

Leading the Fight for Justice

This matter was led by James Packer, a director in Duncan Lewis’ Public Law department, with assistance from Solicitor Steffan Rees. Oliver Persey and Oscar Davies of Garden Court Chambers were instructed as counsel during both the pre-action correspondence and judicial review.

Read the full article: Trans Migrants Face Additional Immigration Document Hurdles on Chronicle Law.

Contact Our Experts

If you or someone you know is facing issues relating to immigration documents, discrimination, or the eVisa rollout, our Public Law and Immigration teams are here to help.

James Packer is a highly regarded public law specialist, consistently recognised as "exceptional" and “outstanding” by Chambers and Partners and The Legal 500. He has extensive experience in high-stakes litigation, regularly conducting test cases on matters including access to the courts, unlawful detention, enforced removals, and legal aid refusals. James frequently appears in the Court of Appeal, particularly in costs and procedural challenges.

Contact James via email at jamieb@duncanlewis.com or via telephone on 07342 081719.

Steffan Rees is a Solicitor within the Immigration and Public Law departments based in Duncan Lewis' Swansea office. Steffan assists on a range of immigration and asylum matters, including refugee family reunions and asylum applications.

Contact Steffan via email at SteffanR@duncanlewis.com, or by telephone on 020 7275 2588.