Jamie Bell: Article in Free Movement on Landmark Syrian Asylum Case (26 January 2026)

Jamie Bell, Solicitor in our Immigration department, has authored an article published on Free Movement regarding a significant legal challenge concerning Syrian asylum seekers.

Groundbreaking Post-Brexit Case

In his article, Jamie discusses a landmark Upper Tribunal case involving Syrian nationals challenging their proposed removal to Bulgaria. This case is believed to be the first of its kind since the United Kingdom left the European Union and the Dublin III regulations ceased to apply.

The Case

Jamie's article examines the challenge brought by Syrian asylum seekers who fled appalling conditions in Bulgaria, where they reported experiencing torture, pushbacks, imprisonment, sexual abuse, racism, and street homelessness. Despite being granted subsidiary protection in Bulgaria, they claim to have received no assistance from the Bulgarian state, leaving them unable to access accommodation, employment, or healthcare.

After arriving in the UK and claiming asylum, their applications were certified as inadmissible on the basis that Bulgaria was considered a safe third country. The case centres on whether Bulgaria can genuinely be considered safe given its 'zero integration' policy and numerous reports of brutal treatment of asylum seekers.

Key Legal Issues

Jamie's article outlines how the three-day Upper Tribunal hearing examined:

• Whether certification of the applicants' human rights claims was irrational given the real risk of ill-treatment upon return to Bulgaria
• The risk of onward refoulement to Syria, with reports of Syrians being coerced into signing 'voluntary return' documents
• Whether the Home Office failed to comply with its Tameside duty of inquiry when certifying the protection claims

Looking Ahead

As Jamie notes in his article, with the Government likely to pursue further return agreements with European Union countries, this case may have significant implications for future asylum policy and practice.

Judgment has been reserved and is expected to be delivered shortly.

Read the Full Article

To read Jamie Bell's complete article on Free Movement, click here.

About Jamie Bell

Jamie Bell is a solicitor in Duncan Lewis’s Public Law and Immigration Department. He has a strong focus on supporting and representing Afghan asylum seekers.

About Duncan Lewis Solicitors

Duncan Lewis is one of the UK's largest legal aid firms, with a nationwide network of offices providing expert legal advice and representation across a wide range of practice areas. Our Immigration department has extensive experience in all aspects of immigration and asylum law, representing clients in some of the most complex and high-profile cases. We are committed to providing access to justice and delivering outstanding legal services to our clients.