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Reported Case News

Duncan Lewis:Reported Case

Gudanaviciene & Ors, R (on the application of) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 (15 December 2014)

IN THE COURT OF APPEAL (CIVIL DIVISION)- ON APPEAL FROM THE HIGH COURT OF JUSTICE - QUEEN^S BENCH DIVISION - ADMINISTRATIVE COURT

This is the judgment of the court to which each of its members has contributed.

These appeals all c  Read more...

Duncan Lewis:Reported Case

BIRMINGHAM CITY COUNCIL - and - (1) SARFRAZ RIAZ (2) MOHAMMED JAVED (3) NAZEEM KHAN (4) SHAH ALAM (5) MANSUR AHMED (6) RAHMAN AZIZ (7) IMRAN UDDIN (8) OMAR AHMED (9) MOHAMMED ANJAM (10) SAJID HUSSAIN (11) WEST MIDLANDS POLICE (12) AB [2014] EWHC 4247 (Fam) (15 December 2014)

IN THE HIGH COURT OF JUSTICE - FAMILY DIVISION

This matter concerns with a vulnerable young person, AB, who is 17 years old. It is asserted by the local authority, Birmingham City Council, that she is the victim of Child Sexual Explo  Read more...

Duncan Lewis:Reported Case

NG v OG [2014] EWHC 4182 (Fam) (9 December 2014)

IN THE HIGH COURT OF JUSTICE - FAMILY DIVISION

The children I am concerned with are AG a girl born on 30th November 2004 who is approaching her 10th birthday, and SG, a girl born on 21st March 2007 who is now 7.

Their mother   Read more...

Duncan Lewis:Reported Case

PAOLO ANTONIO -v- SECRETARY OF STATE FOR THE HOME DEPARTMENT [2014] EWHC 3720 (Admin) (21 November 2014)

IN THE HIGH COURT OF JUSTICE- QUEEN^S BENCH DIVISION - ADMINISTRATIVE COURT

This is an application for judicial review in which the Claimant claims a declaration that the Defendant was not entitled to make a second deportation order o  Read more...

Duncan Lewis:Reported Case

Alemi, R (on the Application of) v Secretary of State for the Home Department [2014] EWHC 3858 (Admin) (20 November 2014)

In the High Court of Justice- Queen’s Bench Division- Administrative Court

In these proceedings the Claimant alleges that he was unlawfully detained between 1 March 2013 and 16 August 2013. I received documentary evidence and heard or  Read more...

Duncan Lewis:Reported Case

The Queen (on the application of NCN) - and - Secretary of State for the Home Department [2014] EWHC 3378 (Admin) (29 October 2014)

In the High Court of Justice - Queen^s Bench Division - Administrative Court

This is a substantive hearing in Judicial Review proceedings. The Claimant is to be known in this judgement as NCN (represented by Ms Naik). She challenges t  Read more...

Duncan Lewis:Reported Case

ABC and DEF [2014] EWHC 3346 (QB) (16 October 2014)

Royal Courts of Justice- In the High Courts of Justice- Queen’s Division

Duncan Lewis represented a Defendant who suffered from some mental health difficulties, these difficulties did not excuse his behaviour in relation to a large nu  Read more...

Duncan Lewis:Reported Case

MOJ & Ors (Return to Mogadishu) Somalia CG [2014] UKUT 00442 (IAC) (7 October 2014)

Upper Tribunal- Immigration and Asylum Chamber

The Upper Tribunal has on Friday 3 October 2014 ruled in the latest Somalia Country Guidance case that Mogadishu is deemed safe for returns from the United Kingdom.

T  Read more...

Duncan Lewis:Reported Case

Mohammed (Family Court proceedings-outcome) [2014] UKUT 419 (IAC) (24 September 2014)

The Royal Courts of Justice- Upper Tribunal (Immigration and Asylum Chamber)

Whilst it may be that in the Family Court jurisdiction prior to the coming into force on 22 April 2014 of the Children and Families Act 2014 there was alw  Read more...

Duncan Lewis:Reported Case

Qaza, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2851 (Admin) (20 August 2014)

In the High Court of Justice- Queen’s Bench Division- Administrative Court

In this claim for judicial review the Claimant seeks a declaration that he was unlawfully detained by the Defendant, the Secretary of State, from 16 July 2012   Read more...

Duncan Lewis:Reported Case

Mrs Nazila Modiri vs SSHD AA014172014 [2014] UKAITUR AA014172014 (28 July 2014)

Upper Tribunal- Immigration and Asylum Chamber- Appeal Number: AA/01417/2014

The Appellant appealed with permission granted by Upper Tribunal Judge Renton (sitting as a judge of the First-tier Tribunal) on 20 May 2014 against the deci  Read more...

Duncan Lewis:Reported Case

The Queen on the application of Abbas Mohammadi -V- State for the Home Department [2014] EWHC 2251 (Admin) (9 July 2014)

In the High Court of Justice- Queen’s Bench Division- Administrative Court

This is an application in which the Claimant, a failed asylum seeker, seeks judicial review of the Secretary of State^s refusal of a "Fresh Claim" for asylum.   Read more...

Duncan Lewis:Reported Case

Akpinar, R (on the application of) v The Upper Tribunal (Immigration and Asylum Chamber) [2014] EWCA Civ 937 (8 July 2014)

Court of Appeal – Challenging decision to refuse Art 8. ECHR Deportation appeal – Considering effect and application of ECtHR case of Maslov

Court of Appeal held that there are no special factors that apply where the deportation of  Read more...

Duncan Lewis:Reported Case

The Queen on the application of Syed Shah - and - Secretary of State for the Home Department [2014] EWHC 2192 (Admin) (4 July 2014)

In the High Court of Justice- Queen’s Bench Division- Administrative Court


This case challenges the 3 year delay on the part of the defendant in deciding the claimant^s application for reconsideration of the defendant^s refusal o  Read more...

Duncan Lewis:Reported Case

R (on the application of P) v Secretary of State for the Home Department IJR [2014] UKUT 294 (IAC) (3 July 2014)

Upper Tribunal- Immigration and Asylum Chamber- 20/05/2014

The Applicant is a national of Sri Lanka who first arrived in the United Kingdom in April 2010 and claimed asylum in June 2010. In April 2012, the Applicant brought a challeng  Read more...

Duncan Lewis:Reported Case

R(AA(Sudan) -VS- SSHD -and- The Chief Constable of Humberside Police (Interested Party) [2014] EWHC 2118 (Admin) (27 June 2014)

In the High Court of Justice- Queen’s Bench Division Administrative Court- 19 June 2014

The Secretary of State for the Home Department was found to have “insufficient resources” to monitor and review administrative detention of a Suda  Read more...

Duncan Lewis:Reported Case

NS & Ors, R (On the Application Of) v Secretary of State for Home Department [2014] EWHC 1971 (Admin) (20 June 2014)

In the High Court of Justice- Queen’s Bench Division- Administrative Court- 20/06/2014

The first Claimant ("C1") is a national of Thailand. She entered the UK in February 2003 using a false passport and thereafter remained in the UK.   Read more...

Duncan Lewis:Reported Case

MI & Anor v Secretary of State for the Home Department [2014] EWCA Civ 826 (18 June 2014)

In the Court of Appeal (Civil Division)- On Appeal from the Upper Tribunal (Immigration and Asylum Chamber)

In this conjoined appeal the substantive issue was whether the conduct that the Appellants, MI and MF, had been subjected to   Read more...

Duncan Lewis:Reported Case

R oao Gundanaviciene and others v Director of Legal Aid casework [2014] EWHC 1840 (16 June 2014)

In the High Court of Justice- Queen’s Bench Division-Administrative Court

These six claims have been heard together pursuant to an order of Turner J made on 30 January 2014. Each challenges the refusal of the Director of Legal Aid Cas  Read more...

Duncan Lewis:Reported Case

Tabrizagh & Others -v- Secretary of State for the Home Department [2014] EWHC 1914 (13 June 2014)

In the High Court of Justice- Queen’s Bench Division-Administrative Court- 11/06/2014

The Claimants in these cases have all made asylum claims in the United Kingdom. They have previously made claims in Italy, or (in 2 cases) have been  Read more...

Duncan Lewis:Reported Case

JP v NP [2014] EWHC 1101 (Fam) (09 April 2014) (17 April 2014)

In the High Court of Justice- Family Division- FD10D02707

This is the third time an application has been made to set aside or appeal an order made in these
financial remedy proceedings which follow the breakdown after 35 years of  Read more...

Duncan Lewis:Reported Case

FQ v MQ (Jurisdiction – Forum - Habitual Residence) [2014] EWHC 441 (Fam) (15 April 2014)

In the High Court of Justice- Family Division-7th February 2014

Upon the Father’s application, Mrs Justice Hogg, DBE was asked to make a declaration as to Habitual Residence of the children and the courts jurisdiction to deal with th  Read more...

Duncan Lewis:Reported Case

Re SJ (Habitual Residence: Application to Set Aside) [2014] EWHC 58 (Fam) (14 April 2014)

(Family Division, Parker J, 22 January 2014)- Abduction- Habitual Residence - Forum -Application to set aside

Duncan Lewis Family Solicitors represented the Respondent Mother in child abduction/ return proceedings and in her applicat  Read more...

Duncan Lewis:Reported Case

FQ and MQ and EQ and DQ (Hague Convention and the Child Abduction and Custody Act 1985) [2013] EWHC 4149 (Fam) (10 April 2014)

In the High Court of Justice- Family Division- Mrs Justice Hogg- 20th December 2013

Mrs Savita Sharma, Family Solicitor and Director at Legal 500 recommended law firm Duncan Lewis’ represented the Respondent Mother in proceedings pur  Read more...

Duncan Lewis:Reported Case

Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 (02 April 2014) (2 April 2014)

Immigration Law- In the Court of Appeal(Civil Division)- On Appeal from the Upper Tribunal of the Immigration and Asylum Chamber- IA/00063/2013, IA/08417/2012

These are appeals by two foreign nationals against decisions of the Upper   Read more...

Duncan Lewis:Reported Case

Kaziu & Ors v Secretary of State for the Home Department [2014] EWHC 832 (Admin) (26 March 2014)

Immigration Law- In the High Court of Justice- Queen’s Bench Division- Administrative Court- CO/7815/2013, CO/14160/2013 & CO/5725/2013

These three cases were heard together because of the common issues which they raise. All are Alba  Read more...

Duncan Lewis:Reported Case

Gohil v Gohil [2014] EWCA Civ 274 (13 March 2014)

In the Court of Appeal (Civil Division)- On Appeal from the High Court Family Division- FD02D03678

Duncan Lewis Solicitors, appealed in the case of Gohil v Gohil whereby the Appellant (the husband) was seeking to overturn the High Co  Read more...

Duncan Lewis:Reported Case

Vijayakumar Kesavan -and- Secretary of State for the Home Department AA058472010 [2014] (7 March 2014)

Upper Tribunal -Immigration and Asylum Chamber- Appeal Number: AA 05847 2010


This appeal comes before me by reason of a consent order made by the Court of Appeal on 27 January 2014 that “the matter be remitted to the Upper Tribun  Read more...

Duncan Lewis:Reported Case

Farid Belmihoub -and- Secretary of State for the Home Department (5 March 2014)

Upper Tribunal -Immigration and Asylum Chamber- Appeal Number: IA/01419/2012

The appellant, Farid Belmihoub, was born on 28 August 1972 and is a male citizen of Algeria. The appellant appeals, with permission, against the decision of   Read more...

Duncan Lewis:Reported Case

JE (Jamaica) v Secretary of State for the Home Department [2014] EWCA Civ 192 (25 February 2014)

COURT OF APPEAL (CIVIL DIVISION)- ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL - THE ASYLUM AND IMMIGRATION JUDGE- [2014] EWCA Civ 192

The applicant, who is appealing to the Court of Appeal against an order of the Upper Tribuna  Read more...

Duncan Lewis:Reported Case

Secretary of State for the Home Department OA/12687/2012 -and- Hussain Mazloom & Hassan Mazloom (25 February 2014)

Upper Tribunal -Immigration and Asylum Chamber- Appeal Numbers: OA/12687/2012


The Secretary of State appeals with permission against the decision of the First-tier Tribunal (Judge Malins) who in a decision promulgated on 29th Nov  Read more...

Duncan Lewis:Reported Case

Jeyarupan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 386 (Admin) (20 February 2014)

Immigration Law (Dublin II)- Court of Justice- Queen’s Bench Division- Admin- [2014] EWHC 386

The Claimant seeks to challenge four decisions of the Defendant in relation to the return of the Claimant to Cyprus under the provisions of  Read more...

Duncan Lewis:Reported Case

Mr Evgeny Mishurov (No Anonomity Order Made) -and- Secretary of State for the Home Department AA/06547/2013 (19 February 2014)

Upper Tribunal -Immigration and Asylum Chamber

The appellant is a national of Russia, born on 9 November 1991. In a determination promulgated on 10 September 2013 Upper Tribunal Judge King TD found an error of law and set aside the Fi  Read more...

Duncan Lewis:Reported Case

Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) (18 February 2014)

Application for Judicial Review- HIGH COURT OF JUSTICE QUEEN^S BENCH DIVISION- ADMINISTRATIVE COURT- [2014] EWHC 254 (Admin) (18 February 2014)

The Claimant applies for judicial review of the Defendant^s decision to refuse his applic  Read more...

Duncan Lewis:Reported Case

Khan v Secretary of State for the Home Department [2014] EWCA Civ 88 (11 February 2014)

Appeal for Judicial Review- England and Wales Court of Appeal (Civil Division) - EWCA Civ 88 (11 February 2014)

This is an appeal from the order of Turner J of 21 February 2013 a claim for judicial review brought by the Appellant in   Read more...

Duncan Lewis:Reported Case

Asso Hama Abdullah - and - The Secretary of State for the Home Department HX/00914/2005 (4 February 2014)

Upper Tribunal - Immigration and Asylum Chamber
The appellant appeals with permission against the determination of Immigration Judge Pugh (as she then was) promulgated as long ago as 4 August 2008 dismissing his appeal against the responde  Read more...

Duncan Lewis:Reported Case

BMG and The Secretary of State for the Home Department DA/01023/2013 (31 January 2014)

Upper Tribunal - Immigration and Asylum Chamber

A panel comprising Judge of the First-tier Tribunal Walker and Mr B Yates dismissed this appeal against a decision by the respondent refusing to revoke a deportation order.

The   Read more...

Duncan Lewis:Reported Case

Zerom, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 92 (Admin) (30 January 2014)

Unlawful Detention- High Court of Justice Queen’s Division- Administrative Division- [2014] EWHC 92 (Admin)

This was a claim by Mr Daniel Matows Zerom seeking a declaratory order that some or all of his immigration detention from 28t  Read more...

Duncan Lewis:Reported Case

Mrs Justice Parker -and- Re SJ (a child) [2014] EWHC 58 (Fam) (22 January 2014)

High Court of Justice - Family Division

S is 9 and the subject of proceedings in England and Spain. The English court has declared that she is habitually resident here and made other consequential directions. The Spanish court has ref  Read more...

Duncan Lewis:Reported Case

R(on the application of Kumar and Another) v Secretary of State for the Home Department (acknowledgement of service; Tribunal arrangements (IJR) (20 January 2014)

Duncan Lewis represented Claimants generally in an important challenge to delays in providing defences by the Home Office in judicial reviews heard in the Upper Tribunal.

The Upper Tribunal generally followed the guidance given in S  Read more...

Duncan Lewis:Reported Case

Dandi Kosova -and- The State for the Home Department DA/01086/2012 (17 January 2014)

Upper Tribunal - Immigration and Asylum Chamber

The appellant is a citizen of Kosovo born on 15 April 1982 who appealed against a decision of the Secretary of State to revoke his refugee status and make a deportation order against him  Read more...

Duncan Lewis:Reported Case

SSHD -and- Baboucarr Jobe DA/01090/2013 (15 January 2014)

Upper Tribunal - Immigration and Asylum Chamber

On 28 October 2013, the appellant Secretary of State was granted permission to appeal against the determination of First-tier Tribunal Judge Bennett and Mr S S Percy (the panel) that was  Read more...

Duncan Lewis:Reported Case

Intilaq Ali Abdul Hussein -and- Fouid Hamadameen Ahmad -and- Kubik Investments Limited -and- Kubik Developments Limited -and- Mawlan Hamadameen Hamad -and- Rokan Hamadameen Hamad [2014] EWHC 721 (Fam) (9 January 2014)

In the High Court of Justice- Family Division


Claim for financial relief under Part III of the Matrimonial and Family Proceedings Act ("MFPA") 1984 brought by Intilaq Ali Abdul Hussein ("the Wife") against her ex-husband, Fouid H  Read more...

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