Reported Case Articles
Unlawful detention of trafficked Lithuanian national - ZV, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 2725 (Admin) (26 November 2018)
In this case, a claim was brought to challenge the lawfulness of detention concerning an EU national who is a victim of trafficking and the certification of her removal under Regulation 33 of the Immigration (European Economic Area) Regulations 20 Read more...
H, R (on the application) v Secretary of State for the Home Department [2018] EWHC 2191 (Admin) (16 August 2018) (13 November 2018)
History of the Case H is a Vietnamese national who was trafficked to the UK in early 2013 as a minor. He was physically and sexually abused by his traffickers and forced to work in a cannabis house where he was arrested in October 2 Read more...
Home Office states it is revising Discretionary Leave policy in MM (Malawi) & Anor v the Secretary of State for the Home Department [2018] EWCA Civ 2482 (09 November 2018) (13 November 2018)
The Home Office has stated it intends to revise its policy on Discretionary Leave in open court during cases of MV, MM and MK which came before Newey, Henderson and Hickinbottom LJ on Tuesday 30th October 2018 to determine whethe Read more...
Re T (A Child) (Secure Accommodation Order) [2018] EWCA Civ 2136 (15 October 2018)
The appeal from a decision authorising the deprivation of liberty under the inherent jurisdiction of the 15-year-old girl has been dismissed by the Court of Appeal. History of the Case The case related to a transgender child (T) f Read more...
TM (A Minor), R (on the application) v Secretary of State for the Home Department (Minor - asylum - delay) [2018] UKUT 299 (IAC) (23 August 2018) (1 October 2018)
This case concerns a minor, TM, who brought a judicial review against the Secretary of State for the Home Department (SSHD) challenging the ongoing delay in giving a decision on TM’s asylum claim. TM first made a claim for asy Read more...
When is a rule not a rule? – the consequences of R (on the application of KA & Anor) v Secretary of State for the Home Department (ending of Kumar arrangements) [2018] UKUT 201 (IAC) (17 September 2018)
In this case, KA & Anor complained to the Upper Tribunal that the continued applicability of the Kumar arrangements in Read more...
Unlawful detention of re-trafficked victim in R (on the application of CP (VIETNAM)) v Secretary of State for the Home Department [2018] EWHC 2122 (Admin) (06 August 2018) (3 September 2018)
In this case, concerning a victim of re-trafficking, the High Court ruled in favour of the Claimant, CP, finding that the Secretary of State for the Home Department (SSHD) had breached the Claimant’s protective obligations under Article 4 o Read more...
Unlawful Detention: Failure to Apply Rule 34 in KG, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 1767 (Admin) (13 July 2018) (31 July 2018)
In a case brought by Duncan Lewis, a court ruled that a physical and mental examination must be arranged for every detainee to take place within 24 hours of their admission to a detention centre, unless the detainee does not consent to the examina Read more...
Claim Struck Out: Witness in Contempt of Court in Hughes Jarvis Limited v Searle [2018] EW Misc B6 (CC) (27 April 2018) (18 July 2018)
A Judge sitting at Oxford County Court struck out a claim after the litigant contravened orders not to contact his lawyers mid-evidence. The witness emailed his solicitors, counsel and spoke to a third party whilst in the court giving evidence. Read more...
Unlawful Detention in SNA v Secretary of State for the Home Department [2018] EWHC 1504 (Admin) (19 June 2018) (12 July 2018)
In this case our client, the Claimant SNA, an Egyptian national, submits that he was subject to unlawful detention by the Secretary of State for the Home Department (SSHD) between 14 September 2016 and 28 September 2016. SNA argues t Read more...
Complex Bail Accommodation in Baraka, R (on the application of) v SSHD [2018] EWHC 1549 (Admin) (20 June 2018) (2 July 2018)
In this case the Claimant challenged the Secretary of State for the Home Department’s (SSHD) failure to find suitable accommodation subject to Section 4 of the Immigration Act, to enable his release on bail. This has resulted in the Claimant remai Read more...
Asylum-seeking children should be seen and not heard: the pitfalls of AL (Albania) v SSHD [2018] EWCA Civ 1183 (22 June 2018)
This recent Court of Appeal judgment involved an asylum seeking child from Albania, who by the time his appeal was heard before the Court of Appeal, was a young adult. History AL sought asylum in the UK for precisely the sa Read more...
ROO (Nigeria), R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 1295 (Admin) (7 June 2018)
The High Court ruled in favour of the Claimant by concluding that the Secretary of State for the Home Department (SSHD) had failed to exercise ‘anxious scrutiny’ before certifying her asylum claim under s.96 (2) Nationality, Immigration and Asylum Ac Read more...
ZN (Afghanistan) & Anor v Secretary of State for the Home Department, Court of Appeal [2018] EWCA Civ 1059 (1 June 2018)
In this case the Court of Appeal considered the cost applications of the two Appellants in these proceedings, ZN & KA, following the withdrawal of their appeals by consent. The issue before the Court was in what circumstances the Court shou Read more...
The deprivation of liberty of a transgender child: A Local Authority v T (No.2) [2018] EWHC 816 (Fam) (2 May 2018)
The case concerns T, a transgender child and the deprivation of liberty and rights under Article 5 of the European Convention on Human Rights. If the state imposes restrictions upon the child’s freedom and movement without the Child’s consent, the Read more...
Mazana, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 650 (Admin) (20 April 2018) (1 May 2018)
Esther Akinyinka, Solicitor of the Immigration and Public Law departments of Duncan Lewis Solicitors, represented a national of South Africa to challenge the Secretary of State for the Home Department (SSHD) Policy on Approved Premises and Unlawfu Read more...
A Local Authority v X & Ors [2018] EWHC 874 (Fam) (19 April 2018) (30 April 2018)
This case concerns four children: D, S, E, and SL, between 7 and 17 years of age. All the children are nationals of X and came to the UK on 11 June 2013 with their mother ‘M’. M is also a national of X and works as a secretary for the X High Comm Read more...
R (on the application of Ibidokun) v Secretary of State for the Home Department [2017] EWHC 3178 (13 March 2018)
This case concerns the unlawful detention of the Claimant who came to the UK from Nigeria. The Claimant made an asylum claim from within detention shortly after being detained on 6 August 2016. Despite being told that his claim would be dealt Read more...
Hussein v Secretary of State for the Home Department & Anor [2018] EWHC 213 (Admin) (01 February 2018) (14 February 2018)
Duncan Lewis Solicitors’ Public Law team brought a challenge against the Home Office on behalf of two detainees, which on 1 February 2018 the High Court ruled in favour of, forcing the Home Office to take responsibility for the unlawful conditions Read more...
Waheed v Secretary of State for the Home Department [2017] EWHC 3080 (Admin) (30 November 2017) (6 February 2018)
In this case the Claimant challenged the lawfulness of the Secretary of State for the Home Department’s (SSHD) refusal of consent to his release on bail pursuant to paragraph 22(4) Schedule 2 of the Immigration Act 1971 (As amended by Immigration Read more...
Hysaj & Ors, R (on the application of) v Secretary of State for the Home Department [2017] UKSC 82 (26 January 2018)
Duncan Lewis’ success in the Supreme Court case of Hysaj & Ors, R has significantly changed the case law on ‘deprivation’ and ‘nullity’ of British Citizenship under the British Nationality Act 1981. Duncan Lewis acted for the Appella Read more...
X (A Child) (Female Genital Mutilation Protection Order : Restrictions on Travel) [2017] EWHC 2898 (Fam) (18 December 2017)
This case concerns ‘X’, a young girl, born in 2016 to ‘M’, her white English mother and ‘F’, her Egyptian father, who currently resides in Egypt. After a Health Visitor (KA) reported M’s concerns about X being at risk of Female Genital Mutilation Read more...
HK (Iraq) & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWCA Civ 1871 (30 November 2017)
This case concern Appellants from Afghanistan (SK and FK), Iraq (HK) and Iran (HH) who came to the UK via Bulgaria. They each applied for Judicial Review against the Secretary of State’s decision to remove them to Bulgaria, where it is intended th Read more...
The Secretary of State for the Home Department v JM (Zimbabwe) [2017] EWCA Civ 1669 (17 November 2017)
In this case, The Secretary of State as the appellant appealed against the judgment made in JM (Zimbabwe) v Secretary of State for the Home Department[2016] EWHC 1773 on the grounds that Mr Justice Jay had failed to determine what the “reas Read more...
Medical Justice & Ors v Secretary of State for the Home Department & Anor [2017] EWHC 2461 (11 October 2017)
In a judgment handed down on the 10th October 2017, the Home Office was told that its policy regarding how it defines those who have suffered torture is unlawful, for the purposes of identifying those who are vulnerable and at risk in detention. T Read more...
TB v The Secretary of State for the Home Department [2017] UKAITUR PA112572016 (26 September 2017)
This case involved an Afghan minor. He arrived in the UK in February 2016 and claimed asylum on the basis that he would be at risk on return from the Taliban due to his brother being a governor of a district in Takhar Province of Afghanistan. The Read more...
Muasa v Secretary of State for the Home Department [2017] EWHC 2267 (18 September 2017)
In this case the High Court handed down a ruling finding that the segregation of the claimant at Yarl’s Wood Immigration Removal Centre (IRC) was unlawful and in breach of Article 8 of the European Convention of Human Rights (ECHR). On 27 Read more...
QUB v Secretary of State for the Home Department [2017] EWHC 1494 (18 August 2017)
In this case, the Claimant sought judicial review to challenge the lawfulness of his detention by the Defendant between 9 February 2016 and 29 March 2016. The Claimant is an Indian national, born in 1990, who entered the United Kingdom in January Read more...
Libya Country Guidance - ZMM (Article 15(c)) Libya CG [2017] UKUT 00263 (IAC) (19 July 2017)
In a decision handed down by the Upper Tribunal on 28th June 2017, a team comprising of lawyers based at Duncan Lewis offices in Luton and Birmingham have successfully challenged returns to Libya, based on the lack of state protection for civilian Read more...
Strasbourg dismisses claim for compensation following unlawful exclusion form the labour market (11 July 2017)
Daniel Negassi v the United Kingdom App. No. 64337/14 ECtHR was an appeal to the ECtHR with a complaint that the unlawful failure to grant permission to work, while waiting for a decision from the Home Office on his asylum claim, was a breach of h Read more...
SS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2017] EWHC 129 (12 June 2017)
In the case of SS, R John Howell QC considered whether Article 28 of the Dublin III Regulations is directly effective. In a detailed judgment, the Deputy High Court Judge Howell QC held that detention under Article 28 (1) and 28(2) was unla Read more...
ZH (A Child), Re [2017] EWFC 14 (20 February 2017) (8 June 2017)
Duncan Lewis represented mother in care proceedings concerning an 8-year-old girl (Z) who had been in the interim care of the LA. Mother suffered from paranoid schizophrenia. In 2015, mother’s GP referred the family to social services. Z to Read more...
“You’ve Got Mail”: Abuse of prisoners’ right to legally privileged communications: Bruton v Governor of HMP Swaleside & Anor [2017] EWHC 704 (Admin) (18 May 2017)
The Claimant is a serving prisoner at HMP Onley. He sought judicial review of the failure of the Defendants to comply with their duties to protect his right to privacy, confidentiality and legal privilege in correspondence and communications with Read more...
LC (Albania) v The Secretary of State for the Home Department & Anor [2017] EWCA Civ 351 (09 May 2017) – Home Office concedes unlawful use of Country Guidance on Albania since October 2011 (11 May 2017)
The appeal, lodged by a client of Duncan Lewis Solicitors, was dismissed, however did concede that in respect to the first two grounds of appeal, the Country Guidance case of MK (Lesbi Read more...
NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 (27 April 2017)
NE-A was appealing a decision to deport him, and had been successful initially, on the basis that his heavy reliance upon his twin brother as a result of his mental illness made it disproportionate to deport him. The Tribunal had noted that Read more...
The Mayor and Burgesses of the London Borough of Islington v Raymond Dyer [2017] EWCA Civ 150 (24 March 2017)
Duncan Lewis Solicitors represented the respondent, Mr. Raymond Dyer, in the Court of Appeal case of The Mayor and Burgesses of the London Borough of Islington v Raymond Dyer. The decision is an important one as it has a potentially wider applicati Read more...
R (A Child : Care Order) [2017] EWHC 364 (Fam) (24 February 2017)
This case concerns an application made by the London Borough of Islington, under s31 of the Children’s Act 1989, for a child – ‘R’ – who is now 2 ½ years old. History of the Case On the 9th October 2014, the mother (M), tested positive Read more...
Reported Case: EQ, Re [2016] EWHC 3418 (Fam) (14 December 2016) (21 February 2017)
In the Matter of EQ, Re [2016] EWHC 3418 Jemma Garside and Annabel Gr Read more...
Secretary of State for the Home Department v Jobe [2016] EWCA Civ 1035 (26 October 2016) (10 February 2017)
This is a detention/asylum case concerning a Gambian national. The Respondent was detained from 1 November 2011 to 31 October 2013 and the decision on this matter was that the detention was lawful.Read more...
TN (Vietnam) & US (Pakistan), R (On the Applications Of) v Secretary of State for the Home Department & Anor (Rev 1) [2017] EWHC 59 (Admin) (9 February 2017)
Detention/asylum decision on the two challenges which represent a further round in the contests over lawfulness of aspects of the detained fast track system for the determination of asylum claims and appeals. Read more...