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Public Law News

Duncan Lewis:Public Law

Successful judicial review of the Tribunal (14 October 2020)

The team helped T put forward his trafficking claim and simultaneously made representations that he had a fresh claim for asylum on the basis that he was a victim of modern slavery  Read more...

Duncan Lewis:Public Law

Court of Appeal dismisses the Secretary of State’s appeal concerning challenges to the Detained Fast Track Rules (28 September 2020)

Court of Appeal dismisses the Secretary of State’s appeal concerning challenges to the Detained Fast Track Rules and allows, in part, our client’s cross-appeal relating to her unlawful detention  Read more...

Duncan Lewis:Public Law

Public Law Solicitor Sulaiha Ali shortlisted at this year’s British Legal Awards (22 September 2020)

Public law solicitor Sulaiha Ali has been shortlisted for the Rising Star – Private Practice award at this year’s British Legal Awards  Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors challenge discriminatory refusal of citizenship under the Windrush Scheme (27 August 2020)

The Claimant’s case is that the Home Secretary’s reliance on Schedule 1 of the British Nationality Act 1981 (BNA) is indirectly discriminatory and amounts to a violation of the Claimant’s rights under Articles 8 and 14 of the European Convention of Human Rights  Read more...

Duncan Lewis:Public Law

Soltany and Others – High Court dismisses challenge to Lock-in Regime at Brook House IRC (26 August 2020)

In a judgment handed down on 21 August 2020, the High Court have ultimately dismissed our clients’ challenge to the lock-in regime at Brook House Immigration Removal Centre (IRC)   Read more...

Duncan Lewis:Public Law

Lord Chancellor accepts unlawfulness of new Legal Aid scheme for immigration and asylum appeals (11 August 2020)

Duncan Lewis represented three claimants who challenged the Amendment Regulations on the grounds that the Lord Chancellor had failed to conduct a lawful consultation before making the Regulations, and failed to gather the information he reasonably required to make a proper decision; that the Regulations were not rationally or proportionately connected to their statutory purpose; and that the Regulations result in the unlawful restriction of access to justice for the claimants and many others.   Read more...

Duncan Lewis:Public Law

TVN v SSHD (CO/387/2020): High Court grants permission on all grounds, to the challenge to the SSHD’s policy on release of detainees from IRCs (15 July 2020)

This challenge is to the SSHD’s policy: Detention Services Order 08/2016 “Management of Adults at risk in detention” which operates in principle and in practice, as an inadequate safeguard contrary to the purpose of the Adults at Risk policy and section 59 of the Immigration Act 2016.   Read more...

Duncan Lewis:Public Law

Home Office ordered to pay over £100,000 compensation for false imprisonment (8 July 2020)

The County Court has determined that the Home Office must pay our client £106,840 in compensation for a period of false imprisonment amounting to 13 months and two weeks which equates to 410 days.  Read more...

Duncan Lewis:Public Law

High Court grants permission to challenge concerning access to legal aid for immigration detainees held in prison (7 July 2020)

The High Court has granted our client permission to seek judicial review of the failure to secure his access to publicly funded legal representation while he was detained under immigration powers in prison  Read more...

Duncan Lewis:Public Law

Former England boxer wins 16-year legal battle to live and work in the UK (3 July 2020)

Our client, the former England boxer Kelvin Bilal Fawaz, has won his legal battle to live and work in the UK.  Read more...

Duncan Lewis:Public Law

Court of Appeal grants permission to appeal in challenge concerning the lack of safeguards for Immigration Detainees in Prison (1 July 2020)

The Court of Appeal has granted our clients permission to appeal in the case of MR (Pakistan) and AO (Nigeria) v SSJ and SSHD [2019] EWHC 3567 (Admin).   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors’ legal challenge leads to changes to the financial support rates provided by the modern slavery Victim Care Contract (1 July 2020)

Our client was referred into the National Referral Mechanism (the framework for identifying and recording victims of human trafficking) and recognised as a potential victim of trafficking  Read more...

Duncan Lewis:Public Law

High Court grants permission to judicially review the Home Office’s ‘Permission to Work’ policy for asylum seekers (17 June 2020)

The High Court granted our client, permission to judicially review the legality of the SSHD’s immigration rules and current Permission to Work policy for asylum seekers  Read more...

Duncan Lewis:Public Law

Ahmed Aydeed takes part in Westminster Legal Policy Forum keynote seminar (12 June 2020)

Public law director Ahmed Aydeed took part in Westminster Legal Policy Forum’s keynote seminar: Tackling modern slavery in the UK – progress and practical next steps, business and the global response and the future for policy   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors challenge amendments to the Remuneration Regulations (29 May 2020)

Duncan Lewis Solicitors served a letter before action on the Lord Chancellor challenging the lawfulness of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (the Amendment Regulations) on behalf of four of its clients.   Read more...

Duncan Lewis:Public Law

Home Office’s fee waiver policy has been declared unlawful (21 May 2020)

Duncan Lewis Solicitors’ public law team have brought a case in relation to the Home Office’s fee waiver policy, with the Upper Tribunal declaring that the current policy is unlawful.  Read more...

Duncan Lewis:Public Law

Home Office to review policy on detention of trafficking and slavery survivors as a result of legal challenge brought by a survivor of trafficking (18 May 2020)

Duncan Lewis Solicitors’ Birmingham-based public law team have brought a case in relation to the Home Office’s unlawful policy regarding the detention of victims of human trafficking, with the Home Office agreeing to review its policy.   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors contributes to the FLEX report: ‘Opportunity Knocks: Improving Responses to Labour Exploitation with Secure Reporting’ (12 May 2020)

Public law director Ahmed Aydeed and caseworker Karen Staunton share their expert opinions in a report by anti-trafficking NGO FLEX.  Read more...

Duncan Lewis:Public Law

High Court orders Home Secretary to house asylum seeker due to Covid-19 (27 March 2020)

The High Court has ordered the Home Secretary to give a homeless former asylum seeker accommodation and support to self-isolate during the coronavirus pandemic.  Read more...

Duncan Lewis:Public Law

The Home Office releases hundreds of detainees in the wake of Duncan Lewis Solicitors legal action (23 March 2020)

In the midst of the Covid-19 outbreak, the Home Office has released almost 300 people from detention centres. This comes following the legal action launched last week where our public law team argued that the Home Office has failed to protect immigration detainees from the Covid-19 outbreak   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors instructed by charity Detention Action to issue legal challenge over the Government’s failure to safeguard those held in detention from Covid-19 (20 March 2020)

Duncan Lewis Solicitors has been instructed by charity Detention Action to issue a legal challenge over the Government’s failure to safeguard all those held in UK Immigration Removal Centres (IRCs) from Covid-19   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors Statement on Tajay Thompson (12 February 2020)

Duncan Lewis Solicitors are representing Tajay Thompson, who was due to be deported to Jamaica on a charter flight on 11 February 2020. We were successful in obtaining an injunction preventing his removal on the flight.   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors granted permission on further case to challenge imposition of bail conditions on individuals that cannot be lawfully detained (24 January 2020)

Our client has been granted permission to challenge the continued imposition of conditional immigration bail against him, and becomes the third Duncan Lewis client to be granted permission in such a challenge.  Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors contributes to the UNICEF Monitoring Returns Project (15 January 2020)

A number of Duncan Lewis public law cases have been included in the UNICEF Monitoring Returns project  Read more...

Duncan Lewis:Public Law

Public law director Toufique Hossain to speak at BID event: Behind locked doors: Immigration detention in prisons exposed (15 January 2020)

Toufique Hossain invited to speak at BID event: "Behind locked doors: Immigration detention in prisons exposed".  Read more...

Duncan Lewis:Public Law

Duncan Lewis case challenges gap in support for victims of trafficking following a grant of refugee status (14 January 2020)

Our public law team, led by director Ahmed Aydeed, is challenging the gap in support for victims of trafficking following a grant of refugee status  Read more...

Duncan Lewis:Public Law

Supreme Court unanimously uphold clients were detained unlawfully and entitled to damages under domestic law (27 November 2019)

The Supreme Court has upheld that individuals detained unlawfully under Articles 28 and 2(n) of the Dublin III Regulations and may be entitled to damages.  Read more...

Duncan Lewis:Public Law

Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’ (20 November 2019)

On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights.  Read more...

Duncan Lewis:Public Law

Public law director James Packer to give specialist training for the Immigration Law Practitioners’ Association (14 November 2019)

James Packer will be providing specialise training on immigration cases in the Court of Appeal and litigation funding by Conditional Fee Arrangements (CFA) and Damages Based Agreements (DBA).   Read more...

Duncan Lewis:Public Law

Brook House – Public Inquiry announcement (6 November 2019)

Secretary of State for the Home Department, Priti Patel, announces that the PPO investigation into the abuse of detainees at Brook House immigration removal centre has been converted to a statutory public inquiry.   Read more...

Duncan Lewis:Public Law

Legal prospects available for Windrush clients with children born outside the UK (23 October 2019)

If your lawful settled status was recognised under Windrush, but your application for citizenship was refused, we may also be able to help.  Read more...

Duncan Lewis:Public Law

Public law director Ahmed Aydeed wins the Marsh Award at the Human Trafficking Foundation’s Anti-Slavery Day Awards (17 October 2019)

Success for public law director Ahmed Aydeed who wins the Marsh Award at the Human Trafficking Foundation’s Anti-Slavery Day Awards  Read more...

Duncan Lewis:Public Law

Public law director Ahmed Aydeed provides ILPA training on trafficking and modern slavery (15 October 2019)

Birmingham-based public law director Ahmed Aydeed provided training a the Immigration Law Practitioners' Association (ILPA) trafficking and modern slavery training session.   Read more...

Duncan Lewis:Public Law

R oao IS (Bangladesh) v Secretary of State for the Home Department (15 October 2019)

Today, the High Court ruled that our client was unlawfully detained for almost five months of the total 28 months that he was held in immigration detention, breaching his rights under Article 5 European Convention of Human Rights (ECHR). The Court also found that the 75 days that our client was under constant suicide watch breached his Article 8 ECHR rights to privacy.  Read more...

Duncan Lewis:Public Law

Public law solicitor Sulaiha Ali is shortlisted for the Outstanding Achievement in Law at the GG2 Leadership Awards (3 October 2019)

Public law solicitor Sulaiha Ali has been shortlisted for the Outstanding Achievement in Law award at this year's GG2 Leadership Awards, the premier awards in the UK for diversity and leadership.  Read more...

Duncan Lewis:Public Law

Solicitor Lewis Kett is shortlisted for the Rising Star Award at the British Legal Awards 2019 (1 October 2019)

We are pleased to announce that public law solicitor Lewis Kett has been shortlisted for the Rising Star – Private Practice Award at this year’s British Legal Awards.   Read more...

Duncan Lewis:Public Law

Public law and immigration solicitor Hannah Baynes is shortlisted for ECPAT UK Children’s Champion Award (26 September 2019)

Hannah Baynes is shortlisted for ECPAT UK Children's Champion Award 2019 in recognition of the work she has done for child victims of trafficking.   Read more...

Duncan Lewis:Public Law

Ahmed Aydeed is shortlisted for ECPAT UK’s 2019 Children’s Champion Award (26 September 2019)

Public law director Ahmed Aydeed is shortlisted for ECPAT UK’s 2019 Children’s Champion Award in recognition of the commitment he has shown to children who are victims of trafficking in the UK  Read more...

Duncan Lewis:Public Law

Ethiopian asylum seeker dies after being denied cancer treatment by the Home Office (26 September 2019)

We are saddened to learn that our client Ms Kelemua Mulat, an Ethiopian asylum seeker who was detained potentially life-saving cancer treatment by the Home Office as a result of their flawed policy on charging overseas visitors for NHS care, has died aged 39.   Read more...

Duncan Lewis:Public Law

R (BG (ALBANIA)) v SSHD – Settlement Outcome (19 September 2019)

Successful settlement outcome for our client who has received a positive Conclusive Grounds decision under the NRM and has been formally recognised as a confirmed victim of human trafficking.   Read more...

Duncan Lewis:Public Law

Public law director Ahmed Aydeed is shortlisted at the Anti-Slavery Day Awards 2019 (11 September 2019)

We are delighted to announce that public law director Ahmed Aydeed has been shortlisted for the Outstanding Contribution to the Fight Against Slavery award in the Enabling and Supporting Survivors’ Rights and Entitlements category at this year’s Anti-Slavery Day Awards.  Read more...

Duncan Lewis:Public Law

Public law director Bahar Ata wins the Legal Expert Award at the CILEx National Awards 2019 (6 September 2019)

We are delighted to announce that our Luton-based public law director Bahar Ata is the winner of the Legal Expert Award at this year’s CILEx National Awards.   Read more...

Duncan Lewis:Public Law

Waging Peace together! (19 August 2019)

Members of the Duncan Lewis Public Law department in both Birmingham and Harrow offered pro bono advice to Sudanese asylum seekers at the Waging Peace clinic in Bradford  Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors provided pro bono advice to Sudanese asylum seekers at the Waging Peace Legal Surgery in Bradford (16 August 2019)

Continuing on from last year’s success, Duncan Lewis’ Public Law teams at Birmingham and Harrow collaborated with Waging Peace to organise a legal surgery for members of the Sudanese community in Bradford on 12th July 2019.   Read more...

Duncan Lewis:Public Law

Duncan Lewis’ Birmingham Public Law team invited to speak at the Human Trafficking Foundation Advisory Forum (7 August 2019)

On Monday 15 July, Birmingham-based public law director Ahmed Aydeed and caseworkers Karen Staunton and Harvey Slade attended a meeting of the Human Trafficking Foundation’s Advisory Forum.  Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors’ Public Law team join the taskforce on victims of human trafficking in immigration detention (31 July 2019)

Duncan Lewis’ Public Law team was invited to join a taskforce of eleven expert organisations in order to seek an end to the detention of victims of human trafficking and to advocate vital changes to government practice and policies regarding this issue.  Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors shortlisted for five awards at The Law Society Excellence Awards 2019 (29 July 2019)

We are thrilled to announce that Duncan Lewis Solicitors has been shortlisted for five awards at this year’s Law Society’s prestigious Excellence Awards, the highest accolade for law firms in England and Wales.  Read more...

Duncan Lewis:Public Law

Raja Rajeswaran Uruthiravinayagan wins Legal Aid Lawyer of the Year – Public Law at Legal Aid Lawyer of the Year Awards 2019 (11 July 2019)

We are thrilled to announce that public law solicitor Raja Rajeswaran Uruthiravinayagan has won the Legal Aid Lawyer of the Year – Public Law award at this year’s Legal Aid Lawyer of the Year Awards (LALY).   Read more...

Duncan Lewis:Public Law

Shalini Patel to appear on BBC Radio 4 Woman’s Hour (8 July 2019)

Public law solicitor Shalini Patel will be speaking on BBC Radio 4’s Woman’s Hour on Tuesday (9th July) alongside Gemma Lousley from Women for Refugee Women (WFRW).  Read more...

Duncan Lewis:Public Law

Ahmed Aydeed gives evidence at the Home Affairs Committee’s Inquiry into Modern Slavery (2 July 2019)

Public law director Ahmed Aydeed has been invited to give oral evidence at the Home Affairs Committee’s Modern Slavery Inquiry in the House of Commons in Westminster.  Read more...

Duncan Lewis:Public Law

Home Office concedes that their 45 day policy for providing support for victims of trafficking is unlawful (28 June 2019)

Our clients NN and LP have settled their claims with the Secretary of State after the Home Office conceded that their policy - which allows identified victims of trafficking to receive support for only 45 days following a conclusive grounds decision - is incompatible with the European Convention on Human Trafficking (ECAT).  Read more...

Duncan Lewis:Public Law

Home Office fail to correctly identify a victim of trafficking resulting in over five months' unlawful detention (28 June 2019)

Our client NN, was unlawfully detained by the Home Office for over five months after they failed to identify him as a victim of trafficking, and mistook him for another man who had been deported years previous  Read more...

Duncan Lewis:Public Law

For the second year running Public Law Director Bahar Ata is shortlisted for the Legal Expert Award at the CILEx National Awards (24 June 2019)

We are proud to announce that Public Law Director, Bahar Ata, has been shortlisted for the Legal Expert Award at the CILEx National Awards 2019.   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors partner with Amnesty UK for special theatre production for Refugee Week (20 June 2019)

Duncan Lewis’ Public Law department have collaborated with Amnesty UK Children’s Human Rights Network to present a special showing of Phosphoros Theatre’s show; ‘Pizza Shop Heroes’ at Amnesty International UK on Monday, 24th June.   Read more...

Duncan Lewis:Public Law

High Court declares Home Secretary’s investigation into immigration detention abuse at Brook House inadequate (14 June 2019)

In a landmark judgment handed down on Friday 14 June 2019, the High Court has declared that a proposed Prisons and Probation Ombudsman (PPO) investigation instigated by the Home Secretary into serious mistreatment and abuse of detainees at Brook House Immigration Removal Centre (IRC), by officers of the private security firm G4S, is inadequate and lacks the powers to comply with the UK government’s investigative duties under Article 3 of the European Convention on Human Rights (the right not to be subjected to inhuman and degrading treatment).   Read more...

Duncan Lewis:Public Law

High Court to determine legality of Home Office proposed inquiry into immigration detention abuse (13 June 2019)

The High Court is likely to hand down an important judgment tomorrow, Friday 14 June 2019, on whether the Home Office is meeting their duties to hold an effective investigation into the serious mistreatment and abuse of detainees at Brook House Immigration Removal Centre (IRC)  Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors shortlisted for two awards at Legal Aid Lawyer of the Year Awards 2019 (30 May 2019)

We are thrilled to announce that two of our Harrow based public law lawyers have been shortlisted at this year’s Legal Aid Practitioners Group Legal Aid Lawyer of the Year (LALY) Awards. Solicitor Raja Uruthiravinayagan is shortlisted for the Legal Aid Lawyer of the Year – Public Law award, and trainee solicitor Maria Petrova-Collins is up for the Legal Aid Newcomer award.   Read more...

Duncan Lewis:Public Law

Ahmed Aydeed speaks at Matrix Chambers’ Trafficking and Modern Slavery Seminar (28 May 2019)

Public law director Ahmed Aydeed was invited to speak at Matrix Chambers’ Trafficking and Modern Slavery Seminar in London on Wednesday 22nd May at the Goldsmiths’ Centre.   Read more...

Duncan Lewis:Public Law

The Times’ Lawyer of the Week: Public Law Solicitor Sulaiha Ali (16 May 2019)

We are proud to announce that Public Law Supervisor and Solicitor Sulaiha Ali based in our Harrow office, has been named The Times’ Lawyer of the Week for her WW case.  Read more...

Duncan Lewis:Public Law

Compulsory training for Home Office after flawed understanding of Humanism (15 May 2019)

Our client Hamza Bin Walayat previously claimed asylum on the basis that he would be persecuted and killed in Pakistan for his belief in Humanism. The Home Office rejected his claim on the grounds that he could not identify Plato and Aristotle as humanists. Following the international attention drawn to his case, Mr Bin Walayat instructed Duncan Lewis to assist him in submitting a new asylum claim which has now been successful.  Read more...

Duncan Lewis:Public Law

The Upper Tribunal have ordered the SSHD to return our client to the UK after ruling that he could not have an effective human rights appeal from Jamaica (7 May 2019)

In what is believed to be the first successful case of its kind, Mr Justice Lane and Upper Tribunal Judge O’Connor have directed the Secretary of State for the Home Department (SSHD) to fund and facilitate the return of our client (WW) to the United Kingdom, in circumstances where he had been denied the opportunity to obtain the ‘best evidence’ relating to the best interests of his British children in his human rights appeal.  Read more...

Duncan Lewis:Public Law

FAM v SSHD: Duncan Lewis Solicitors granted permission to challenge imposition of bail conditions on individuals that cannot be lawfully detained (30 April 2019)

A client of Duncan Lewis Solicitors has been granted permission to challenge the continued imposition of conditional bail against him in circumstances where he can be neither lawfully removed nor lawfully detained pending the outcome of various investigations and civil proceedings into abuse and mistreatment he suffered in immigration detention.  Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors Granted Permission to proceed with Brook House Lock-in Challenge (24 April 2019)

Three Duncan Lewis clients have been granted permission by the High Court to challenge the conditions and regime they were held in at Brook House immigration removal centre (IRC), a centre for immigration detainees but designed to Category B prison standards. These conditions include locking detainees in their cells for up to 13 hours overnight in conditions the Claimants say are unsanitary, poorly ventilated and which breach their rights to observe their religion.  Read more...

Duncan Lewis:Public Law

Challenging disability discrimination: the legal implications of RS after the Administrative Court grants permission to apply for Judicial Review (28 March 2019)

In an Order issued on 25 March 2019, the Administrative Court of Justice held that it is arguably unlawful for a local authority to require a person with permanent and significant non-physical disabilities to attend a mobility assessment as a mandatory pre-requisite for determining their eligibility for a disabled parking badge (Blue Badge).  Read more...

Duncan Lewis:Public Law

Duncan Lewis’ challenge to £1 per hour wages for immigration detainees dismissed by High Court: to appeal in pursuit of fair pay (27 March 2019)

Mr Justice Murray, in the High Court, has on 26 March 2019 dismissed our clients’ Judicial Review claims challenging the decision of the Secretary of State for the Home Department to pay immigration detainees £1 per hour for work carried out while in detention. Our clients are understandably very disappointed by this decision. We continue to be of the view that this policy is unlawful and will be seeking permission to appeal this decision to the Court of Appeal.   Read more...

Duncan Lewis:Public Law

Bahar Ata visits HMP Peterborough discussing foreign national detainee’s rights under the UN refugee convention (21 March 2019)

Director of immigration and public law, Bahar Ata, based in Luton, was invited to attend HMP Peterborough to speak with detainees who are subject to immigration proceedings.   Read more...

Duncan Lewis:Public Law

Duncan Lewis challenges Home Office’s failure to provide support and assistance to trafficking victims (14 March 2019)

Duncan Lewis is launching a challenge against the Home Office for refusing to make decisions on whether to grant discretionary leave to victims of trafficking with outstanding asylum claims, and for limiting support for victims of trafficking to 45 days after a final decision is made that they are victims of trafficking. The challenge is being led by public law director, Ahmed Aydeed, and concerns a number of vulnerable clients that have instructed us. Solicitor Heather Malunga and caseworkers Karen Staunton and Harvey Slade are also assisting with this challenge. Chris Buttler of Matrix and Miranda Butler of Garden Court chambers are instructed as Counsel.   Read more...

Duncan Lewis:Public Law

Challenging ultra vires acts: the legal implications of KA after the Court of Appeal grants permission to appeal (11 March 2019)

In the case of R (on the application of KA and another) v Secretary of State for the Home Department (ending of Kumar arrangements) [2018] UKUT 00201 (IAC) the Upper Tribunal (UT) held, in a decision dated 13 June 2018, that the Kumar arrangements would end for all Judicial Review claims filed in the UT on or after 1 January 2019. This means that, in respect of any such claim, the Secretary of State for the Home Department (SSHD) will have 21 days to file and serve an Acknowledgment of Service (AoS) as mandated by the Procedure Rules, instead of the more generous time frame of 42 days accorded by the Kumar arrangements.   Read more...

Duncan Lewis:Public Law

Duncan Lewis’ client, a Sudanese victim of trafficking, has case referred to the Court of Appeal by the Criminal Cases Review Commission (4 March 2019)

GB, the appellant in this case, has a complex immigration history, which ultimately saw her arrested in 2008 after she tried to board a flight from Gatwick airport to Canada with a false passport. Despite presenting with a number of indicators that she was a victim of trafficking, she was convicted of an offence under section 25(1)(a) of the Identity Cards Act 2006 and she is now in the process of appealing the conviction. On 1 March, the Criminal Cases Review Commission has referred GB’s case to the Court of Appeal with the belief that the court will quash her conviction.  Read more...

Duncan Lewis:Public Law

Chinese victim of trafficking released from detention: where were the safeguards when our client needed them? (28 February 2019)

The day before our client’s case was listed at the High Court, the Home Office conceded that they had unlawfully detained her for 6 months. Her immigration history in the UK displayed clear indicators of trafficking and abuse; despite this she was held in immigration detention to the detriment of her mental and physical health. So what went wrong?   Read more...

Duncan Lewis:Public Law

Duncan Lewis shortlisted for Private Client Team of the Year at the inaugural Wales Legal Awards (26 February 2019)

We are thrilled to announce that Duncan Lewis’ Cardiff based Immigration and Public Law team have been shortlisted for Private Client Team of the Year at the first Wales Legal Awards.   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors attended Human Rights and Social Justice Event at University of Law (10 February 2019)

Director Ahmed Aydeed and caseworker Maria Poleo, both of our Immigration and Public Law department based in Birmingham, were invited to speak at the University of Law’s Human Rights and Social Justice Careers Evening held on 6 February.   Read more...

Duncan Lewis:Public Law

Duncan Lewis Solicitors’ Public Law and Immigration Director Trevor Hatton judicially appointed to the First-tier Tribunal of the Immigration and Asylum Chamber (5 February 2019)

Duncan Lewis is pleased to announce that Director of Public Law and Immigration, Trevor Hatton has been appointed as a fee-paid judge at the First-tier Tribunal of the Immigration and Asylum Chamber (FtTIAC).   Read more...

Duncan Lewis:Public Law

Regulations to create backdating power made in response to litigation by Duncan Lewis (1 February 2019)

The Civil Legal Aid (Procedure) (Amendment) Regulations 2019 were laid before Parliament on 30 January 2019 by the Government. As of 20 February 2019, the legal aid regulations will confer a discretionary power on the Legal Aid Agency to backdate legal aid determinations to the date on which an application for funding or an amendment to an existing certificate was made.   Read more...

Duncan Lewis:Public Law

Clients granted permission to challenge the lack of safeguards for people held in prison under immigration powers (1 February 2019)

The High Court has granted clients of Duncan Lewis Solicitors permission to challenge the lack of safeguards in place to identify vulnerable people held in prison under immigration powers. The Secretary of State for the Home Department and the Secretary of State for Justice are defendants in this claim.   Read more...

Duncan Lewis:Public Law

Brook House Inquiry: High Court orders hearing to determine whether Home Office’s inquiry into detention centre abuse will comply with human rights (31 January 2019)

Today, on 31 January, the High Court ordered a two day hearing for early May 2019 to consider whether the Home Office’s proposed inquiry into abuse and mistreatment of detainees at the G4S-run Brook House Immigration Removal Centre will comply with Article 3 of the European Convention on Human Rights (the right not to be subjected to inhuman and degrading treatment).   Read more...

Duncan Lewis:Public Law

Dubs Amendment: High Court finds Home Office unlawfully failed to publish policy and breached its duty of candour (22 January 2019)

The High Court has today handed down judgment in the case of R (ZS) v Secretary of State for the Home Department [2019] EWHC 75 (Admin). This claim challenged the Home Office’s failure to implement the so-called ‘Dubs Amendment’, s. 67 of the Immigration Act 2016, which required the Secretary of State to make arrangements to transfer asylum-seeking children from Europe. This power was used to transfer a number of children from the Calais ‘Jungle’ camp in late 2016. ZS was one of the children considered for transfer at that time but he was refused for failing to meet the criteria set by the Home Office, despite significant vulnerabilities.   Read more...

Duncan Lewis:Public Law

Public Law’s Jeremy Bloom speaks at the Young Legal Aid Lawyers meeting discussing Duncan Lewis’ LAA Challenges (15 January 2019)

On 9th January 2019, Jeremy Bloom was invited to speak at 39 Essex Chambers at the Young Legal Aid Lawyers (YLAL) meeting, 'Litigating for Justice: Challenging the Legal Aid Agency'.   Read more...

Duncan Lewis:Public Law

Recovering costs in a hostile environment post-AL (Albania) (7 January 2019)

On 22 June 2018, we published an article regarding the Court of Appeal’s judgment in AL (Albania) v SSHD [2018] EWCA Civ 1183 which confirmed that public funding was being sought to challenge the Court of Appeal’s decision in the Supreme Court. The purpose of the following article is to provide an update, especially in view of the fact that this case has profound implications for the future of publicly funded cases, in particular those involving vulnerable asylum-seeking children.   Read more...


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