Legal News
Important Information for Any Afghan Detainee Due to be Removed on Charter Flight to Afghanistan on 25th August 2015 (20 August 2015)
Date: 20/08/2015
On the 19th August 2015, Lord Justice Clarke granted permission to appeal in the case of Naziri & Ors, R (on the application of) v Secretary of State for the Home Department (JR – scope - evidence (IJR) [2015] UKUT 437 (IAC) (27 July 2015).
Permission to appeal has been granted on six separate grounds.
LJ Clarke has also granted interim relief staying the removal of all 30 appellants involved in the case pending the outcome of the appeal.
We would advise that all Afghan nationals on the Charter Flight for the 25th August 2015 should considering relying upon this order to challenge their removal particularly where submissions have been made pursuant to Article 15c of the Qualification Directive on the basis that hailing from a ‘dangerous province’ they would face a serious and individual threat of indiscriminate violence if returned there and that relocation to Kabul would be unreasonable, and also where the SSHD has placed specific reliance upon Naziri & Ors in their refusal decisions.
We are currently considering whether to apply for generic relief as per the previous Charter Flight in April 2015. However in the meantime, we would advise persons on the Charter Flight to urgently obtain legal advice in relation to this.
If you need further advice or information, please contact one of the following:
Lewis Kett on 020 3114 1178 or email on lewisk@duncanlewis.com.
Jamie Bell on 020 3114 1184 or email on jamieb@duncanlewis.com.
Toufique Hossain on 020 3114 1128 or email on toufiqueh@duncanlewis.com.
Counsel in the case are Sonali Naik, Ali Bandegani, Louise Hooper and Bryony Poynor of Garden Court Chambers.