In The Press

The Public Law team at Duncan Lewis Solicitors has been featured in The Independent regarding its challenge to new Home Office guidance on British citizenship, brought on behalf of three refugees.

The article reports on the legal action against changes introduced by the Home Office in February 2025. Under the revised policy, individuals who entered the UK through irregular means, such as by small boat or in the back of a lorry, will “normally” be refused citizenship, regardless of how long they have lived in the UK or their settled status.

The challenge put forth by Duncan Lewis argues that the changes direct decision-makers to take unlawful decisions, and that they unlawfully discriminate against refugees and breach the Equality Act 2010. As noted in the article, the Refugee Council estimates that more than 70,000 people could ultimately be blocked from obtaining British citizenship under the new rules.

Solicitor Jeremy Bloom is quoted in the piece, stating:

“The changes to the good character policy are misguided, unlawful and impractical. This policy potentially affects the tens of thousands of people whose asylum claims were admitted to be considered in the UK, who have been recognised as refugees because of the persecution they faced in their countries of origin, and who have already passed all the necessary tests of their character to be granted settled status in the UK.

The changes also impact victims of trafficking, of gender-based violence, and those who are stateless.

 “They are only now finding out that they may face being refused British citizenship on the basis of a journey they had to make, many years ago, to escape persecution and reach safety. We await the decision of the court on permission and will continue to fight this policy on behalf of our clients and all those in similar situations”

The Home Office has indicated in pre-action correspondence that it will defend the policy. The legal proceedings mark a significant moment in the ongoing debate over the UK’s asylum system and the rights of refugees to naturalise as British citizens, with all the benefits that confers.

Read the full article here: Ministers’ plans to stop small boat refugees getting British citizenship hit by legal challenge

The team working on this challenge at Duncan Lewis consists of Toufique Hossain, Jeremy Bloom Ben Nelson, Kristen Allison, Thomas Munns and Yewande Oyekan. Counsel instructed are Alex Goodman KC and Charles Bishop of Landmark Chambers.

The claim is supported by witness evidence from Refugee Action, the Anti-Trafficking and Labour Exploitation Unit, After Exploitation and Women Against Rape, which demonstrates the impact that it is having on individuals affected by it.

Asli Tatliadim, Head of Campaigns at Refugee Action, said:

The prospect of citizenship is vitally important for refugees and necessary if we are to have resilient, democratic and inclusive communities.

This change in policy will potentially leave large numbers of refugees marginalised without their full rights and prone to further discrimination.

We hope Ministers see sense and scrap this divisive plan and get to the heart of why many people risk their lives in small boats, which is a lack of safe routes to reach the UK to claim asylum.

Carita Thomas, Head of Legal Practice at the Anti-Trafficking and Labour Exploitation Unit, said:

The government's change to the policy on good character harms a large number of survivors of trafficking. Citizenship applications are now more complex and a survivor will be forced to go back over traumatic events they had hoped to put behind them. There is no right to legal aid to help survivors explain their circumstances on these applications, even for those who qualify financially. We are also concerned this policy will have the chilling effect of preventing survivors from applying at all. Fear is already spreading among survivors at this change, many of whom hoped to become British after years of struggle through the UK trafficking and immigration systems and after integrating into life in this country.

Emily Burnham, Casework Coordinator of the Asylum from Rape project at Women Against Rape, said:

Our evidence shows that this policy is likely to have a devastating impact on rape survivors and their families. At least 70% of women who have been forced to flee their countries have suffered rape and other gender based violence. Traumatised women in the All African Women’s Group report to us that they need a safe and stable environment in order to recover and this policy change strips them of this. Mothers, who have precious lives that depend on them, describe being anxious and panicky as their sense of security dissipates. This policy risks creating a two-tier society where some people will be denied the rights that others take for granted.

Maya Esslemont, Director of After Exploitation, said:

Exploiters often use threats, force or coercion to make modern slavery survivors cross borders without leave. Yet, this policy dismisses the reality of survivors, punishing victims rather than protecting them. In our experience working alongside experts with lived experience of modern slavery, many survivors are already active members of the community and play a huge role in improving the lives of others who have experienced exploitation. After overcoming all odds to report modern slavery and comply with the UK’s complex immigration processes, survivors of trafficking and modern slavery seeking British citizenship deserve a chance to have their case heard fairly, not based on a presumption of bad character which is linked to the way they entered the UK or the journey that they took to get here, so that they can build their futures without fear.

Duncan Lewis Solicitors

Duncan Lewis has the leading public law and immigration practice in the UK. The team frequently takes on and successfully brings challenges in some of the most high profile cases in the UK, including in relation to the Rwanda plan and Manston House. The company was crowned Law Firm of the Year 2024 at the LexisNexis awards, and noted for its commitment to providing justice for all.

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times.