Have a question?
033 3772 0409

Krisha Prathepan , Duncan Lewis , Public Law Solicitor , City of London

Krisha Prathepan

Solicitor

Profile / Experience

Awards and Recommendations for Krisha Prathepan
Legal 500

Krisha is a Recommended Lawyer in the 2020 edition of The Legal 500.

Legal 500 2020 Edition.
Immigration: Human Rights, appeals & overstay / London
I am a Solicitor in the Public Law and Immigration departments at Duncan Lewis. In 2017 I was named Civil Lawyer of the Year by the Society of Asian Lawyers (SAL).

I specialise in claims for Judicial Review and I am passionate and committed to representing the most vulnerable in society such as victims of torture, trafficking, disputed minors, pregnant women in detention and those with other physical/mental difficulties.

I have a wealth of experience in carrying out appeals before the First-tier Tribunal and Upper Tribunal of the Immigration Asylum Chamber in addition to various other challenges against the Secretary of State for the Home Department such as:
  • Unlawful detention;
  • Removals to European countries under the Dublin Convention;
  • Removals on asylum and human rights grounds; and
  • Challenges to policy/law relating to vulnerable people.
I also have extensive experience in cases which have been decided in the Administrative Court and Supreme Court. Notably, I have had conduct of the following lead cases:
  • Challenges under article 28 involving unlawful detention under the Dublin Regulations
  • Challenges to returns to Hungary under the Dublin Regulations;
  • Challenges to returns to Malta under the Dublin Regulations;
  • Challenges on returns to Austria under the Dublin Regulations.
  • Challenges involving section 67 of the Immigration Act 2016, also known as the 'Dubs Amendment.'
I have Level 3 (Advanced) Immigration Accreditation under the Law Society's Immigration and Asylum Scheme (IAAS) this means that I have shown that I have a high level of knowledge and experience in the area of Immigration law. There are only a small number of immigration practitioners throughout England & Wales that hold this quality mark.

I am frequently invited to appear on TV, Radio and the press in the UK to advise and comment on legal issues, below are some examples of my television appearances and features in the national press.

Refugee initiatives websites:



Education

  • Postgraduate Diploma in Legal Practice (LPC)
  • LLM Honours – University College London

Career

  • Duncan Lewis Solicitors 2012-present
  • Walter Wilson Richmond 2003-2010
  • Param & Co 1998-2002
  • Admitted as a Solicitor in 2000

Testimonials

  • "Krisha is our solicitor in the ground-breaking decision in R(Hemmati) and others v SSHD which will shortly come before the Supreme Court. That case is likely to affect the lives of many thousands of asylum seekers, and shows that the Home Office’s power to detain migrants is subject to the limits of the common law and European law. Her work on the case has been consistently excellent. Krisha has been at the forefront of Duncan Lewis’ cutting edge work in third country and detention cases helping not only many individual clients but many categories of clients through important test cases such as Hemmati." - Greg Ó Ceallaigh, Garden Court Chambers

Awards

  • Civil Lawyer of the Year Award - 2017 Society of Asian Lawyers Awards

Notable Cases

Supreme Court
  • SSHD v Hemmati & Ors UKSC 2018/0197 - This case concerns five individual immigrants who were placed in detention for various periods pending possible removal to other EU Member States pursuant to the asylum arrangements under the Dublin III Regulation. In particular, the principal issues in the appeal concern the meaning and effect of Article 2(n) and Article 28 of the Dublin III Regulation.

Court of Appeal
  • Hemmati & Ors v SSHD [2018] EWCA CIV 2122

  • MB and others [2016] EWCA Civ 415 – Costs cases in relation to Dublin II litigation [Malta]. Funding has been applied to make an application for permission to the Supreme Court.

  • Tesfay and others [2016] EWCA Civ 415 -Group Litigation - Italy costs case in relation to Dublin II litigation.


  • Asifa Saleem v SSHD Case No: QBCOF 1999/1119/C - Deemed receipt rule.
High Court
  • ZS v SSHD - Represented a vulnerable child from Afghanistan who was found in the Calais refugee camp. Assisted in their relocation to the UK under section 67 of the Immigration Act 2016 also known as the 'Dubs Amendment'.

  • SW v SSHD [2018] EWHC 2684 (Admin) - Case involving Rule 35 and trafficking.

  • R (oao) Abdulkadir & Annar v SSHD (CO/4711/2015, CO/5115/2015) - Lead cases challenging removal to Austria.

  • R (oao) Ibrahimi & Abasi v SSHD (CO/5201/2015, CO/5067/2015) - Lead cases challenging removal to Hungary.

  • R (oao) AB v SSHD CO/16220/2013 - A very complex Judicial review in relation to various issues including unlawful detention, detention under the 2005 rules.

  • R (oao) Yusef Saaid Muhamed Hamad and Gadisa Ararso v The Secretary Of State For The Home Department [2015] EWHC 2511 (Admin) - Acted for Gadisa Ararso who was found to have been unlawfully detained. Reported in The Guardian: Theresa May loses court battles against two failed asylum seekers.

  • R (oao) IKM v The Secretary Of State For The Home Department [2015] EWHC 3031 (admin) - Mr Justice Collins found IMK’s detention to have been unlawful and quashed the third country certification.

  • R (oao) RB (Sri Lanka) v The Secretary of State for the Home Department [2015] EWHC 813 (Admin) (31 March 2015) - Fresh claim Judicial Review Claim.


  • R (oao) JM & Ors v The Secretary of State for the Home Department [2015] EWHC 2331 - Group litigation - Where the Secretary of State for the Home Department conceded that the Detained Fast-Track process created an unacceptable risk of unfairness to vulnerable or potentially vulnerable individuals.

  • YA, R (on the application of) v The Secretary of State for the Home Department [2017] EWHC 2135 (Admin) (17 August 2017) - Reported case, full details can be found
  • here

Membership & Accreditations

  • Member of the Immigration Law Practitioners Association (ILPA)

Interests

  • Painting
  • Zumba

Articles

Call us now on 033 3772 0409 or click here to send online enquiry.
Our Services
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.