Immigration Solicitors

A High Court Judge has granted urgent interim relief and permission to challenge his unlawful detention at the interim relief hearing.

On 29 October 2024 Judge Alan Bates, sitting as Deputy Judge of the Administrative Court, heard an urgent application for interim relief. The application was submitted on behalf of an Albanian national, ‘KQN’, who is now a confirmed victim of modern slavery, and who had been detained under immigration powers since 24 March 2024.

The client arrived in the United Kingdom in August 2022 and claimed asylum. He fled Albania having been tortured and threatened by members of a notorious gang in Shkoder, who his father owed money to. Soon after his arrival, the client was abducted by traffickers, from outside his Home Office provided accommodation. The traffickers knew of the client and his father’s debt. The client was held captive in Bournemouth for almost eighteen months and was forced to sell Class A drugs.

Having successfully challenged both negative Reasonable and Conclusive Grounds decisions, the client received a positive Conclusive Grounds decision on 16 September 2024.

An application for Judicial Review and interim relief was submitted on 26 September 2024. The application for urgent consideration was renewed on 1 October 2024 with the matter subsequently listed for an oral hearing on 29 October 2024. The client had been granted conditional bail by the First-tier Tribunal (IAC), with his release delayed by the Secretary of State’s failure to conduct timely risk assessments, and to properly determine his application for support under the Immigration & Asylum Act 1999.

Judge Alan Bates considered that there was a compelling case for intervention. Interim relief was granted to the client, with the Secretary of State ordered to provide a firm offer of accommodation within five working days, and to release the client as soon as reasonably practicable following approval by Probation Services. Judge Bates remarked that this was a relatively rare and unique set of facts, and that it was imperative for senior Home Office officials to ‘get a grip’ of the situation, cut through the tangle of bureaucracy and to provide a human rights appropriate solution.

Judge Bates also elected to grant permission to apply for Judicial Review on unlawful detention grounds, having had sight of the papers. He found that it was arguable that the client was being detained unlawfully, in breach of his rights under Article 5 of the European Convention on Human Rights.

The client has since been granted support under Section 4 and dispersed to his accommodation. Whilst detained, the client had twice been served with removal directions, which were subsequently cancelled after successful challenges. His asylum claim was also successfully re-instated, having been implicitly withdrawn following his abduction and loss of contact with the Secretary of State.

The client continues to be represented by caseworker Michael O’Brien of Duncan Lewis Solicitors, with Steven Galliver-Andrew of Garden Court Chambers acting as Counsel.

About the Instructing Solicitor

Michael O’Brien is a Caseworker in the Immigration department at Duncan Lewis Solicitors, based in the firm's City of London office. He is accredited as a Senior Caseworker under the Law Society's Immigration and Asylum Accreditation Scheme and often assists clients in immigration detention as well as unaccompanied asylum seeking children.

For advice or assistance, contact Michael via email at MichaelOB@Duncanlewis.com, or by telephone at 02072752866.

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, and noted for its commitment to providing justice for all.