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Immigration Solicitors

Duncan Lewis in Court Tussle Over Unrepresented Sri Lankan Charter Flight Returnees (6 March 2013)

Date: 06/03/2013
Duncan Lewis, Immigration Solicitors, Duncan Lewis in Court Tussle Over Unrepresented Sri Lankan Charter Flight Returnees

The Country Guidance Case in relation to Sri Lanka MP (Sri Lanka) & Others is currently before the Upper Tribunal – IAC. Duncan Lewis is representing Tamils Against Genocide (TAG) as an Interested Party in the proceedings.

The issue of whether removal should be suspended for some or all of those on the Charter Flight, whilst the Country Guidance Case was still ongoing, went before Mr. Justice Wilkie and Upper Tribunal Judge Gleeson on the 27th February 2013 in a number of linked injunction applications. It was ordered that the removal of all failed Tamil asylum seekers should be suspended. A number of Duncan Lewis’s cases were stayed pursuant to this Order.

As a firm which represents clients in detention centres under LSC Detention Centre Contracts, Duncan Lewis were concerned following reports that, in spite of the clear terms of the Order by Mr. Justice Wilkie, unrepresented failed Tamil asylum seekers may still be on the Charter Flight. This led Duncan Lewis to seek a written assurance from the Secretary of State for the Home Department that there are no unrepresented failed Tamil asylum seekers on the Charter Flight. In absence of such an assurance forthcoming, Duncan Lewis made a successful application to the Administrative Court seeking an Order compelling the Secretary of State to confirm to the Court and Duncan Lewis that there are no unrepresented failed Tamil asylum seekers scheduled to be removed by way of Charter Flight on the 28th February 2013 at 16:00 hours to Sri Lanka, who do not wish to be returned voluntarily. Duncan Lewis has received conformation that no unrepresented asylum seekers were returned.

By Raja R. Uruthiravinayagan


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