Vinita Templeton

• Leading Individual - The Legal 500 (2024 - 2015)
• Recommended Lawyer - The Legal 500, (2024 - 2014)
• Ranked Band 2 - Chambers and Partners, Administrative & Public Law, (2022-2023)

Court of Appeal

R oao Parvin Begum v SSHD PB (Bangladesh) - C4/2014/3023 - My client had been granted leave to remain recourse to public funds under the post 2012 change in immigration rules. We challenged the decision on account of her poor health and disability and the case was settled at the Judicial Review stage. The matter progressed to the Court of Appeal stage to litigate the issue of costs. The matter was settled with a favourable outcome before the date of hearing.

High Court

HS and Others [2012] EWHC 3126 (Admin) Case No: CO/6311/2011 - This was a CART Judicial Review claimant matter. This case where the decision provides clarification of how the second appeals test should be applied: On a substantive judicial review of the Upper Tribunal’s refusal of permission to appeal, Charles J considered that once permission has been granted in such a ‘Cart judicial review’ the second appeals test falls away and standard judicial review principles apply. Accordingly: (a) at the permission stage, the Court is to decide whether the second-tier appeals criteria are satisfied and not whether it is arguable that they will be satisfied at the substantive hearing; and so (b) if permission is granted on that basis (as with a second-tier appeal) the permission test is spent and is no longer the test to be applied at the substantive hearing. The timing of this decision coincided with when the 59th amendment of the Civil Procedure Rules came into force on 1 October 2012. LJ Charles decision remains of historical interest as it echoes the provisions within Cart Rule 54.7 which provides: "That the court will give permission to proceed only if it considers –

• That there is an arguable case, which has a reasonable prospect of success, that both the decision of the Upper Tribunal refusing permission to appeal and the decision of the First Tier Tribunal against which permission to appeal was sought are wrong in law
• That the claim raises an important point of principle or practice
• Or there is some compelling reason to hear it."

Civil Court

AB & Others (internet activity – state of evidence) Iran [2015] UKUT 257 (IAC) - My client was AB whose was a blogger and rap musician. This case established that social media users who have been critical of the Iranian regime may be at risk upon return to Iran, in the event of likely interrogation at the airport. The Upper Tribunal found that the use of the internet in an opportunistic way does not mean that an individual would not be at risk upon return. An individual’s social media activity is a factor that must be considered when assessing potential risks upon return.

 

HAA (s.72: overseas conviction) Somalia [2012] UKUT 366 (IAC) (10 October 2012) - This was an Upper Tribunal matter. The case was reported on the basis that in cases where s 72 of the Nationality, Immigration and Asylum Act 2002 is invoked, it is important to see that the specific requirements of that section have been complied with. In particular, if the conviction was outside the United Kingdom, there must be either proof of the offence and sentence (s 72(3)), or certification under s 72(4). It does not appear that the statute requires certification to be in the letter of refusal.

 

Rajbhandari (PBS: funds - available) Nepal [2012] UKUT 364 (IAC) (08 October 2012) - This was an appeal before the Upper Tribunal relating to a challenge against a refusal decision in respect of a Tier 1 (Post-study Work) Migrant. The case involved a consideration of the availability of funds in PBS cases. In this matter it was held that the notion that funds only need to be “available” to an applicant is, on the true construction of Appendix C of the Immigration Rules, applicable only to student applications.

• Immigration Law Practitioners' Association (ILPA)
• Free Movement
• Supervisory and Level 2 Accreditation - Law Society Immigration & Asylum Accreditation Scheme

• Reading
• Theatre
• Cuisine
• Canvas Painting
• Music

• The Results are in: Duncan Lewis Solicitors Triumphs in The Legal 500 2023 (29 September 2022)
• Wales Public Law Team Nominated for Top Honour at Wales Legal Awards (16 March 2022)
• Duncan Lewis Solicitors Chambers and Partners 2022 Rankings (21 October 2021)
• The Legal 500 2022 Success (30 September 2021)
• Lawyer in the news: Vinita Templeton (The Law Society Gazette) (26 July 2021)
• Fijian-born soldiers given right to live in UK despite legal battle loss (The Guardian) (12 July 2021)
• Comment: immigration issues should be covered in the Armed Forces Bill (Free Movement) (27 April 2021)
• How the immigration system froze out Commonwealth soldiers (Free Movement) (1 December 2020)
• Duncan Lewis Solicitors shortlisted at the LawWorks Annual Pro Bono Awards (10 November 2020)
• Fijian-born British soldiers lose latest legal fight to stay in UK (The Guardian) (28 October 2020)
• Commonwealth Veterans’ Legal Action – High Court reject our call for judicial review (27 October 2020)
• The Legal 500 2021 results are here – continued success for Duncan Lewis Solicitors (30 September 2020)
• Update: Commonwealth Veterans’ Legal Action (16 September 2020)
• Commonwealth Veterans’ Legal Action Launched (21 August 2020)
• Duncan Lewis Solicitors’ Wales-based public law team shortlisted for Public Law Team of the Year at Wales Legal Awards 2020 (24 June 2020)
• Public law director Vinita Templeton discusses Commonwealth veterans on BBC Radio 5 (10 June 2020)
• The 10-year British Army Veteran from Fiji charged thousands for NHS treatment (talkRADIO) (29 May 2020)
• British army veteran faces £27,000 NHS hospital bill (The Guardian) (19 May 2020)
• MOD must 'urgently resolve' Right to Remain for Commonwealth veterans, MPs warn, after Royal Navy becomes latest force to be pulled into immigration row (The Telegraph) (18 March 2020)
• England rugby players’ ex-soldier father stuck in Fiji because of immigration rules (Multiple sources) (11 March 2020)
• Commonwealth Veterans’ Legal Action (11 March 2020)
• Commonwealth veterans accuse UK of leaving them in immigration limbo (Multiple Sources) (9 March 2020)
• Duncan Lewis Solicitors nominated for three awards at the LawWorks Pro Bono Awards 2019 (5 November 2019)
• Three Duncan Lewis Solicitors directors are included in the elite ‘Leading Lawyers’ list in The Legal 500 2020 (30 September 2019)
• Duncan Lewis wins Special Recognition Award at the Wales Legal Awards (20 May 2019)
• Duncan Lewis wins the Access to Justice Award at the Cardiff & District Law Society Awards (13 May 2019)
• Duncan Lewis shortlisted for Private Client Team of the Year at the inaugural Wales Legal Awards (26 February 2019)
• Duncan Lewis Immigration Director Vinita Templeton is ranked as a ‘Leading Individual’ by The Legal 500 2019 (31 October 2018)
• Duncan Lewis achieves excellent nationwide Legal 500 success as a top tier firm for immigration in London and Wales with many more rankings and recommendations (30 October 2018)
• Guest Post: Waive Immigration Fees For Soldiers From Overseas (Free Movement) (18 May 2018)
• Syrian Minor challenging Home Office’s decision to remove him to Bulgaria after reuniting with family (19 October 2017)
• Vinita Templeton on BBC 3 (12 July 2017)
• Top Tier Law Firm Duncan Lewis appoints ‘Leading Lawyer’ Vinita Templeton and Bernadette Adusei as Directors of Immigration (23 September 2016)
• Duncan Lewis achieves excellent nationwide Legal 500 recognition with 2 Top Tier and 10 legal practice areas across the UK ranked (16 September 2016)
• Duncan Lewis recognised in Legal 500 2015 as a Top Tier Firm for its Immigration Practice in Wales with two Leading Lawyers recommended (21 September 2015)
• Duncan Lewis ranked by Legal 500 2014 as a leading law firm in Immigration & Civil Liberties Judicial Reviews with Toufique Hossain and James Packer recommended (7 October 2014)
• Legal 500 2014 recognises Duncan Lewis as a top-tier leading law firm for its Immigration & Asylum Human rights work in Wales; Vinita Templeton recommended. (6 October 2014)