Immigration Solicitors

Two children stranded in Kabul have won permission to challenge negative decisions affecting their ability to join their mother in the UK thanks to a case brought by Duncan Lewis.

The Upper Tribunal (Immigration and Asylum Chamber) has given the children permission to proceed with a Judicial Review (JR) following a case brought by our immigration team.

The children's case represents a crucial test of the UK's obligations to family members of those already in the UK under schemes such as the Afghan Relocations and Assistance Policy (ARAP).

The claimants, aged 13 and 11, are currently residing in Kabul, Afghanistan, where they face significant danger following the loss of their father, who was killed by the Taliban.

Their mother, who was evacuated to the UK under Operation Pitting, has since been granted Indefinite Leave to Remain (ILR) but has faced obstacles in securing her children's safe passage to join her.

The Judicial Review proceedings were initiated to address the Home Office's prolonged inaction on the children's applications for entry clearance and under the Afghan Settlement Scheme, initially submitted in June 2022 and January 2023, respectively.

A pivotal point of contention in the case was the refusal to waive the biometric requirement for the children, a process made impossible by the closure of the visa application facility in Afghanistan after the Taliban's takeover. This requirement presented a barrier for the children, who cannot travel to a visa application centre in a neighboring country without an adult male guardian, as per the requirements under the Taliban government.

Furthermore, the claimants' legal team highlighted the Home Office's failure to consider the perilous situation in Afghanistan, as detailed in the US State Department Report issued on March 20, 2023. This oversight formed a critical component of the amended grounds for their Judicial Review application.

The legal team, led by Pardeep Somel with counsel Philip Nathan from Landmark Chambers, successfully argued for the necessity of judicial scrutiny over these decisions.

Their efforts culminated in the tribunal granting permission on March 7, 2024, for an oral hearing on all grounds.

This case underscores the complex interplay between immigration law and human rights, particularly in situations of conflict and displacement. The legal team's dedication to challenging procedural and substantive injustices in the immigration system highlights the essential role of legal advocacy in ensuring the protection and reunification of families separated by global crises.
Pardeep Somel is the director in our immigration department in the Milton Keynes office, with over 15 years of expertise in asylum and immigration law. She leads a team specialising in cases involving torture, human trafficking, and gender-based persecution. Her extensive litigation experience covers all court levels from the First-tier Tribunal to the Court of Appeal, with a focus on vulnerable clients, including minors and victims of violence and trafficking. She has a successful track record in challenging detention and removal decisions, and her work encompasses a broad range of immigration matters, including settlement and entry clearance applications. Pardeep is committed to defending the rights of vulnerable individuals, demonstrating her deep knowledge and dedication to immigration law.

For advice in any immigration related legal matter contact her via email at pardeeps@duncanlewis.com or by telephone at 020 7275 2667.

Duncan Lewis Solicitors

Duncan Lewis has the leading public law and immigration practice in the UK. The team frequently takes on and successfully brings challenges in some of the most high profile cases in the UK, including in relation to the Rwanda plan and Manston House. The company was recently crowned Law Firm of the Year 2024 at the LexisNexis awards.

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times.