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Toufique Hossain , Duncan Lewis , Public Law Solicitor , Harrow

Toufique Hossain

Director & Solicitor

Profile / Experience

Awards Recommendation for Toufique Hossain

Toufique Hossain of Duncan Lewis & Co is gaining prominence for handling high-profile judicial reviews. He is particularly strong in challenges to the Home Office's policies on immigration detention. Clients say he is "incredibly knowledgeable, very diligent and really believes in the cause. He works incredibly hard." Sources also comment that he is "really committed to the work and prepared to go the extra mile."

Chambers UK 2018 Edition.
Administrative & Public Law (Traditional Claimant) / UK-wide

Toufique Hossain of Duncan Lewis & Co garners praise from sources for being “incredibly knowledgeable, very diligent and really believing in the cause." He continues to take on a diverse array of asylum cases, as well as matters relating to detention.

Chambers UK 2018 Edition.
Immigration, Human Rights, Asylum & Deportation / London

Chambers describes Toufique as a ‘Leader in his Field’ for my judicial review work, described as ‘deeply committed to the plight of the disenfranchised, a fearless litigator’,

Chambers UK 2017 Edition.
Immigration / London

"Toufique Hossain has an amazing ability to conduct a wide range of demanding test case litigation, handling complex public law cases involving judicial review and unlawful detention."

Legal 500 2017 Edition.
Immigration: Human Rights, appeals & overstay / London

"Toufique Hossain is a leading solicitor for immigration judicial review and utilises a combination of creative thinking with a huge amount of experience."

Legal 500 2017 Edition.
Administrative & Public Law / London

"Exceptional lawyer Toufique Hossain is particularly good for immigration detention cases and has an excellent eye for the crux of the matter."

Legal 500 2017 Edition.
Civil Liberties & Human Rights / London

"Genuine Star"

Legal 500 2016 Edition.
Immigration: Human Rights, appeals & overstay / London

"At Duncan Lewis Solicitors, Toufique Hossain is a ‘genuine star’ for challenges in the immigration and civil liberties space."

Legal 500 2016 Edition.
Administrative & Public Law / London

I am a Director of Public Law and Immigration at Duncan Lewis. I work predominantly under legal aid, in order to represent those most in need, regardless of their financial circumstances. The majority of my clients are asylum-seekers, many of whom are victims of torture, rape and trafficking. Fundamentally, I fight for their right to liberty and to be granted refuge from persecution.


I have extensive experience in the Administrative Court, Court of Appeal and the Supreme Court, litigating across a broad range of areas and regularly conducting high profile class-action challenges to unlawful policies and practices affecting vulnerable people, including unlawful detention and unlawful removals from the UK,

I have been ranked by Chambers UK 2018 as a ‘Leader in his Field’ for my judicial review work, described as ‘deeply committed to the plight of the disenfranchised, a fearless litigator’, and have been referred to by Legal 500 as a ‘genuine star’. In 2017 I was shortlisted for Lawyer Monthly’s ‘Public Law Solicitor of the Year’, The Legal Aid Practitioners Group’s (LALY)‘Immigration and Asylum Lawyer of the Year’, and the Law Society’s ‘Human Rights Lawyer of the Year’.

I was also The Times 'Lawyer of the Week' for my work leading Duncan Lewis' challenge to the Home Office detention policy in relation to torture survivors.


While I remain involved in high-profile cases, my most recent focus has been on building up a team of talented people with a clear passion for human rights. I encourage critical thinking and the investigation of novel points of law, fighting injustice wherever we find it. The team has grown from six only two years ago to more than forty solicitors, trainees and caseworkers today. The success of this project was recognised by the Solicitors Journal, which shortlisted my team for ‘Legal Aid Team of the Year 2017.’


As well as challenging injustice through litigation, I aim to advocate human rights by speaking out in the media. My appearances in The Guardian, Sky News, Russia Today, BBC and Channel 4 bring attention to the crucial role of legal aid law in holding the executive to account and in providing justice for those most in need.


I am accredited as a Supervisor and Level 3 Senior Caseworker under the Law Society’s Immigration and Asylum Accreditation Scheme.


Education

  • Postgraduate Diploma in Legal Practice (LPC)
  • LLB Honours – University College London (UCL)

Career

  • Director at Duncan Lewis 2013
  • Duncan Lewis 2011-present
  • Lawrence Lupin Solicitors 2007-2010
  • Hammersmith Law Centre 2004-2007
  • Admitted as a Solicitor 2004

Testimonials


"Toufique has given me the hope to carry on, without his help I would not be here today. It's safe to say he saved my life." - Client.


Notable Cases

Supreme Court


Kambadzi v Secretary of State for the Home Department [2011] UKSC 23 - Seminal unlawful detention case at the Supreme Court.



Court of Appeal



Wasif v The Secretary of State for the Home Department [2016] EWCA Civ 82 – This case concerned the manner in which the Tribunals and Courts certify claims for Judicial Review as ‘totally without merit’ (TWM). The Court of Appeal, of its own motion, stated that this case is to be considered the test case with regard to TWM certification.


JS (Sudan) [2013] EWCA Civ 1378 - Unlawful detention – foreign national prisoner.


High Court
R (oao) Rahman & Hussein v The Secretary of State for the Home Department [2018] EWHC 213 (Admin) – The Secretary of State was held to have interfered with the rights of Muslim detainees to properly observe their religion in detention, in addition to using “euphemisms” to “knowingly evade the law” by permitting smoking within enclosed areas of Brook House IRC.

Bahadori and others v SSHD - Challenge to the SSHD's removal policy (Chapter 60)- On going.

Morita v SSHD - Challenge to the SSHD's policy paying only £1 an hour to detainees who want to work in detention. On going.



R (oao) JM & Ors v The Secretary of State for the Home Department [2015] EWHC 2331 – The Secretary of State for the Home Department conceded that the Detained Fast-Track process created an unacceptable risk of unfairness to vulnerable or potentially vulnerable individuals. Further, the Secretary of State conceded that the process as a whole created an unacceptable risk of failure to identify those whose claims were unsuitable for a quick decision within the Detained Fast-Track process.


R (oao) Antonio v The Secretary of State for the Home Department [2014] EWHC 3894 (Admin) - The Secretary of State for the Home Department was held to have unlawfully detained the claimant for a period in excess of three years. [SSHD appealed and won at the Court of Appeal – currently appealing to UKSC]


AA (Sudan) v The Secretary of State for the Home Department & Anor [2014] EWHC 2118 (Admin) - The Secretary of State for the Home Department’s lack of resources did not provide a satisfactory answer to her failure to review the detention of the claimant. This case also addressed the timeframe within which the Secretary of State for the Home Department is to consider evidence that is put before her as independent evidence of torture.


R (oao) Hiri v The Secretary of State for the Home Department [2014] EWHC 254 (Admin) - Successful application for Judicial Review of the decision of the Secretary of State for the Home Department to refuse naturalisation on grounds of ‘good character’ pursuant to a criminal conviction, and the underlying policy provisions.

SI (Sudan) v The Secretary of State for the Home Department (C4/2015/0975) - This case concerned the decision of the Secretary of State for the Home Department to remove the claimant to Bulgaria pursuant to the Dublin III Regulation. Permission to apply for judicial review was granted in the Court of Appeal after being certified as ‘totally without merit’ by the Administrative Court. The Secretary of State has since conceded this claim, resulting in a grant of refugee status for the claimant.


P & R (DRC) [2013] EWHC 3879 (Admin) – Risk on return to DRC - Asylum – Human Rights.


Lamari v SSHD [2012] EWHC 1630 (Admin) – SSHD found to be in Contempt of Court.


PB (Cameroon) v Secretary of State for the Home Department [2008] EWHC 364 (Admin) - Vulnerable claimant - Unlawful detention - Landmark damages figure.



Membership & Accreditations

  • Amnesty International
  • ILPA
  • Board of Trustees – Article 1
  • Haldane Society

Interests

  • Football
  • Jazz
Watching my little boy play football.

Articles

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