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Reported Case News

Duncan Lewis:Reported Case

P (DRC), R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 3879 (Admin) (9 December 2013)

UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) – THE HIGH COURT OF JUSTICE – QUEEN^S BENCH DIVISION ADMINISTRATIVE COURT

R is a national of the DRC, born in 1985. He arrived in the United Kingdom in November 2010 and applied for as  Read more...

Duncan Lewis:Reported Case

Saleh (Sudan), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1378 (12 November 2013)

Unlawful detention – Court of Appeal – detention under the Immigration Acts

This is the judgment in relation to the detention of a foreign national criminal. The Court of Appeal held that the Home Secretary acted unlawful in detainin  Read more...

Duncan Lewis:Reported Case

King’s Lynn and West Norfolk Council v Bunning and the Legal Aid Agency [2013] EWHC 3390 (7 November 2013)

Contempt of Court – Not in the face of the Court- alleged breach of order – legal aid

The Court, having considered the lack of guidance available on the issue of legal aid which must be available in a civil contempt matter, gave guid  Read more...

Duncan Lewis:Reported Case

Ejovi Lawrence Efenure v SSHD [2013] EWHC 3072 (Admin) Queen’s Bench Division (16 October 2013)

England and Wales High Court (Administrative Court) - Efenure, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3072 (Admin)

Duncan Lewis’ case of Ejovi Lawrence Efenure was handed down on 16 Oc  Read more...

Duncan Lewis:Reported Case

Al -Ali, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) [2012] EWHC 3638 (Admin) (4 October 2013)

Immigration/Public Law – Administrative Court – Acted for Claimant - Dublin II Regulation – Claimant resisting removal to the Netherlands – Art 3(2) Discretion – Excellent Review of Refoulement. Dismissed.  Read more...

Duncan Lewis:Reported Case

SQ (on the application of) and The Upper Tribunal Immigration and Asylum Chamber & Another (18 September 2013)

England and Wales Court of Appeal (Civil Division) Decisions >> SQ (Pakistan) & Anor, R (on the application of) v The Upper Tribunal Immigration and Asylum Chamber & Anor [2013] EWCA Civ 1251 (22 October 2013)



The landma  Read more...

Duncan Lewis:Reported Case

R (on the application of Samir Boukhatem) v Secretary of State for the Home Department (FCJR) Not applicable [2013] UKUT 464 (IAC) (30 August 2013)

Immigration – Fresh Claim Judicial Review - Field House Upper Tribunal IAC – Challenging the respondent’s decisions to refuse to treat the applicant’s submissions as a fresh claim as Wednesbury unreasonable – Dismissed



The  Read more...

Duncan Lewis:Reported Case

Deliallisi (British citizen: deprivation appeal: Scope) Albania [2013] UKUT 439 (IAC) (30 August 2013)

Immigration Law – IAC, Upper Tribunal: British Nationality – Appeal against Decision to Deprive Person of British Citizenship



Upper Tribunal, IAC Held: An appeal under section 40A of the British Nationality Act 1981 again  Read more...

Duncan Lewis:Reported Case

G (A Child) [2013] EWCA Civ 965 (30 July 2013)

Family & Child Care Law – Court of Appeal (Civil Division) – Final Care Order – Welfare Balancing Exercise



Second appeal against decision to make final care order placing a child into long term foster care. Detailed examin  Read more...

Duncan Lewis:Reported Case

Moosa, R (on the application of) v Legal Services Commission [2013] EWHC 2804 (Admin) (29 July 2013)

Administrative Court – Pro Bono – Application for Permission to apply for Judicial Review - Public Funding Refusal – Court of Protection



Case involved an application for permission to apply for judicial review of a final   Read more...

Duncan Lewis:Reported Case

Shinwari, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2148 (Admin) (19 July 2013)

Immigration Law – High Court (Administrative Court) – Adequate Reception Facilities – Kabul, Afghanistan



The claimant, aged 20, was a national of Afghanistan who was a failed asylum seeker but granted discretionary leave t  Read more...

Duncan Lewis:Reported Case

GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC) (5 July 2013)

“…The Upper Tribunal’s new Country Guidance case, GJ, NT and MP (post-civil war: returnees) Sri Lanka [2013] UKUT 319 (IAC), was promulgated on the 5th July 2013. Duncan Lewis represented the Interested Party, Tamils Against Genocide (TAG), in the p  Read more...

Duncan Lewis:Reported Case

Rrapaj & Ors v Director of Legal Aid Casework & Anor [2013] EWHC 1837 (Admin) (2 July 2013)

Immigration Law - High Court (Administrative Court) - Legal Aid Agency Funding – Successful challenges to scope



For the purpose of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, it   Read more...

Duncan Lewis:Reported Case

Ahmed, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1536 (Admin) (09 May 2013) (9 May 2013)

Immigration Law – High Court (Administrative Court) – Detained Asylum Fast Track Process



Legality of the processing by the Secretary of State of asylum claims under the Fast Track procedures in the circumstances where the   Read more...

Duncan Lewis:Reported Case

T (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1093 (Admin) (1 May 2013)

Immigration Law – High Court (Administrative Court) – Mental Health Article 3 Considerations – Third Party



Sri Lankan Tamil refugee with a right of residence in the UK, seeks to prevent the Defendant removing her brother   Read more...

Duncan Lewis:Reported Case

T (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1093 (Admin) (01 May 2013) (1 May 2013)

Immigration Law – High Court (Administrative Court) – Mental Health Article 3 Considerations – Third Party



Sri Lankan Tamil refugee with a right of residence in the UK, seeks to prevent the Defendant removing her brother t  Read more...

Duncan Lewis:Reported Case

T, R (on the application of) v Legal Aid Agency & Ors [2013] EWHC 960 (Admin) (26 April 2013)

Family Law - High Court (Administrative Court) - Legal Aid Agency Funding – Successful challenges to funding decision



A successful judicial review of the Legal Aid Agency’s decision to refuse to pay the full costs of a par  Read more...

Duncan Lewis:Reported Case

Dowland v The Architects Registration Board [2013] EWHC 893 (Admin) (19 April 2013)

Public Law / Regulatory – High Court (Administrative Court) – Challenging decision of the Architects Registration Board



Challenge to a decision of the Architects Registration Board under s.22(1) of the Architects Act 1997   Read more...

Duncan Lewis:Reported Case

Ehmed, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 876 (Admin) (18 April 2013)

Immigration Law – High Court (Administrative Law) – Challenge against Third Country decision to remove to Cyprus – Matter Stayed pending EM (Eritrea)



An application for judicial review challenging the defendant^s decision   Read more...

Duncan Lewis:Reported Case

The Queen (oao) Negassi (1) & Lutalo (2) v Sec of State for the Home Dept [2013] EWCA Civ 151 (7 March 2013)

Article 11 Reception directive - Damages for breach of European Directive – Causation – Article 8 ECHR



The Court of Appeal rejected the Appellant Negassi’s claim for damages based upon the admitted though unintentional bre  Read more...

Duncan Lewis:Reported Case

Gnayoro v Secretary of State for the Home Department [2013] EWCA Civ 288 (28 February 2013)

Immigration Law - Court of Appeal (Civil Division) on appeal from the Upper Tribunal – Foreign National Prisoner – Deportation – Article 8 ECHR  Read more...

Duncan Lewis:Reported Case

MB & Ors v Secretary of State for Home Department [2013] EWHC 123 (Admin) (1 February 2013)

Held that there was no proof of a systemic deficiency in asylum procedures in Malta nor was there evidence that failed asylum seekers would be detained on their return there. No obligations were owed regarding failed asylum seekers to permit them to   Read more...

Duncan Lewis:Reported Case

Duncan Lewis Goes European with First Full ECtHR Judgement (30 January 2013)

Solicitors, Kat Hacker & James Packer deliver Duncan Lewis’ first full judgement in European Court of Human Rights as it tackles the issue of Disabled Persons and Article 3 ECHR Expulsion to Afghanistan. Press Release available shortly.  Read more...

Duncan Lewis:Reported Case

S.H.H. v. THE UNITED KINGDOM - 60367/10 - HEJUD [2013] ECHR 102 (29 January 2013)

Immigration – Human Rights – Article 3 ECHR – Afghanistan – Disabled Asylum Seekers

Solicitors, Kat Hacker & James Packer deliver Duncan Lewis’ first full judgement in European Court of Human Rights as it tackles the issue of Disabled Person  Read more...

Duncan Lewis:Reported Case

Saleh v Secretary of State for the Home Department [2013] EWHC 61 (Admin) (25 January 2013)

Immigration/Public Law Detention – Administrative Court – Acted for Claimant - Challenge to lawfulness of Claimant’s detention pending Deportation – Art. 5 ECHR – Good review of Hardial Singh Principles – Automatic Deportation – Failure to Grant Bail  Read more...

Duncan Lewis:Reported Case

Y (A Child) [2013] EWCA Civ 129 (22 January 2013)

Family Law & Child Care Law – Court of Appeal (Civil Division)

Application for permission to appeal against a return order to Cyprus under the Hague Convention Child Abduction Convention 1988 where it was argued by the mother that undertakin  Read more...

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