Reported Case
Duncan Lewis reunites Afghan family after Home Office finally concedes long running legal challenge (11 August 2026)
Date: 11/08/2026
Duncan Lewis Solicitors has secured the reunion of an Afghan mother with her two vulnerable minor children after successfully challenging a series of Home Office decisions that delayed the family's return to safety. The mother had worked with UNICEF in Afghanistan advising women on family planning and reproductive health services.
As a direct result of her work, both she and her husband were targeted by the Taliban. Tragically, her husband was killed in Afghanistan. The mother was evacuated to the UK under Operation Pitting and Duncan Lewis aided her application for Indefinite Leave to Remain (ILR) which was successful.
The immigration team later submitted applications under the Afghan Citizen’s Resettlement and Settlement arrangements for both children to join their mother in the UK. The applications were initially lodged in June 2022 and were resubmitted in January 2023.
Judicial review proceedings were then issued challenging the prolonged delays by the Home Office in determining the applications. At the outset of the litigation, the Home Office refused to waive the biometric enrolment requirement, even though visa application centres in Afghanistan had closed following the Taliban's takeover of the country, therefore ultimately refused the applications.
Following the commencement of proceedings and the Court's grant of permission, the Home Office agreed to grant the children limited leave to enter the UK. Arrangements were subsequently made for them to travel safely to the UK.
Although the children were finally reunited with their mother, uncertainty remained regarding their immigration status, as they had not been granted ILR in line with their mother.
The mother subsequently claimed asylum in the UK, with her children included as dependants on her application which the Home Office processed promptly, granting the family refugee leave in the form of a grant of five years' limited leave to remain. This led to further pre-action litigation challenging the lawfulness of the decision to grant the family limited leave arguing that the mother’s ILR should be reinstated and her children ought to be granted ILR in line with her based on exceptional circumstances.
After several months, the entire family was granted Indefinite Leave to Remain.
Duncan Lewis’ Pardeep Somel, solicitor and director, said: "This case involved several layers of complexity throughout the litigation process. From the Home Office's prolonged delay in determining the children's entry clearance applications to its subsequent decision to grant only limited leave to a client who had previously been granted Indefinite Leave to Remain, each stage required careful legal scrutiny and challenge.
This case demonstrates the importance of pursuing all available legal remedies and robustly challenging unlawful Home Office decisions wherever they arise. On a personal level, as a mother of children of similar ages, I found the prolonged separation particularly difficult. Knowing that this family lost precious time together that can never be recovered made this case especially poignant."
The legal team comprised Pardeep Somel, who instructed alongside Philip Nathan of Landmark Chambers.
About Pardeep Somel
Pardeep Somel is a Director and Solicitor at Duncan Lewis with extensive experience in asylum and immigration. She specialises in complex asylum, victims of torture, human trafficking, and detention cases. Pardeep has a track record of successfully challenging Home Office decisions.
About Duncan Lewis
Duncan Lewis Solicitors is an award-winning firm with a long-standing reputation for delivering expert legal services with a genuine commitment to justice and client care. Recognised by both Chambers & Partners and The Legal 500, and listed among The Times Best Law Firms, the firm operates across a wide range of practice areas, serving clients at every level.