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Immigration Solicitors

Duncan Lewis Secures Refugee Status for Congolese National Facing Imminent Homelessness (16 May 2025)

Date: 16/05/2025
Duncan Lewis, Immigration Solicitors, Duncan Lewis Secures Refugee Status for Congolese National Facing Imminent Homelessness

Duncan Lewis Solicitors successfully represented BK, a national of the Democratic Republic of Congo, in her challenge against a fresh asylum claim refusal and secured the reinstatement of her asylum support at a time when she faced imminent homelessness. Following years of legal uncertainty and a complex history of trauma, BK was finally granted refugee status and five years’ leave to remain in the UK.

 

Background

BK arrived in the UK in 2017 and claimed asylum upon entry. Her initial asylum application was refused in May 2018, and her subsequent appeal was dismissed in September 2018, rendering her appeal rights exhausted that same year. A fresh claim submitted by her previous representatives in September 2023 was refused in January 2024, without a right of appeal. Critically, the refusal decision was erroneously served on her former solicitors, leaving BK unaware of the outcome and vulnerable to the withdrawal of her asylum support.

 

By mid-2024, BK was at immediate risk of homelessness. As a survivor of torture and sexual abuse, her situation was particularly urgent and complex, exacerbated by prior negative credibility findings and inconsistent details presented earlier in her claim.

 

In July 2024, BK instructed Duncan Lewis Solicitors to act in both her asylum and asylum support matters. The team, led by Director and Solicitor Pardeep Somel, with assistance from Solicitor Neha Parmar, moved swiftly to protect her rights.

 

An urgent Pre-Action Protocol (PAP) letter was issued, challenging both the termination of BK’s asylum support and the failure to properly serve the refusal decision. The Home Office responded by immediately reinstating her asylum support but maintained the decision to refuse her fresh claim.

 

Duncan Lewis proceeded to issue Judicial Review proceedings, challenging the refusal of BK’s fresh claim and the denial of a right of appeal. As a result, the Home Office agreed to reconsider its January 2024 decision, taking into account the additional evidence provided by Duncan Lewis.

 

The Successful Outcome

Following a full reconsideration, the Home Office granted BK refugee status. five years’ leave to remain in February 2025, a positive resolution to a long and distressing legal journey.

 

BK expressed her relief and gratitude for the outcome, stating that she was “thrilled” to have finally been recognised as a refugee after eight years of uncertainty and hardship.

 

Legal Representation

Duncan Lewis Solicitors represented BK in this complex matter. The case was handled by Pardeep Somel, Director and Solicitor at Duncan Lewis. Solicitor Neha Parmar also assisted on the case.

 

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.

 

For advice or assistance on an immigration matter, contact Pardeep via email at PardeepS@duncanlewis.com or by telephone at 02072752667.

 

Philip Nathan of Landmark Chambers was instructed as Counsel.

 

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. The company was awarded Law Firm of the Year 2024 at the LexisNexis awards, and noted for its commitment to providing justice for all.

 

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.


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