Immigration Solicitors

After years of litigation, the Home Office have settled a claim for unlawful detention and deportation, brought by Duncan Lewis Solicitors on behalf of the estate and surviving family members of a client (‘AG’) who was killed following their deportation.

AG, who had been in the UK for many years, was issued with a deportation order. The Home Secretary certified the case under section 94B of the Nationality, Immigration and Asylum Act 2002 (‘NIAA’), meaning that any appeal against the decision to deport could only be exercised after they were removed from the UK.

The client was detained under immigration powers for a period of just over 6 months before being deported. They lodged an out of country appeal from their country of origin, on the grounds that their deportation from the UK breached section 6 of the Human Rights Act 1998 (‘HRA’).

AG was tragically killed after they were deported. They are survived by their immediate family, who remain in the UK.

AG’s family continued to pursue the appeal against deportation, arguing that the certificate under which they were deported from the UK was unlawful, as they could not have had a fair and effective appeal hearing from their country of origin, not least due to the prevailing conditions there. They also argued that removal breached the right to family life under Article 8 of the European Convention on Human Rights (‘ECHR’). However, the First-tier Tribunal (Immigration and Asylum Chamber) concluded that AG’s appeal had abated upon their death, a position subsequently endorsed by the Upper Tribunal (Immigration and Asylum Chamber).

Seeking redress for AG’s estate and surviving family, Duncan Lewis brought a claim for unlawful detention and deportation, and breach of Article 8 ECHR, against the Home Office. It was argued that the certification of AG’s appeal under s94B NIAA was unlawful as it would not have been possible, at the time they were deported, to conduct a fair and effective appeal hearing from their country of origin. As a consequence, AG’s detention and deportation was unlawful. This is because the Home Office could not have lawfully detained AG without the s94B certificate, in the absence of which AG would have had a suspensive right of appeal, and the right to remain in the UK until their appeal was resolved.

The Home Office denies liability, but has agreed to settle the claim for a significant sum, which will go to AG’s estate and surviving family members.

AG’s estate and family were represented by Director Bahar Ata and Solicitor Oskar Butcher of the Duncan Lewis Public Law team instructing Irena Sabic KC, Sonali Naik KC, and David Sellwood, of Garden Court Chambers.

About the Instructing Solicitors 

Bahar Ata, recommended for her expertise by The Legal 500 UK, has a niche practice in immigration and human rights related judicial review claimant matters, and also represents those detained under immigration powers, frequently bringing challenges against the SSHD for unlawful detention, claims of false imprisonment, and failures to provide accommodation. She has a varied practice representing clients in challenges against decisions involving trafficking, age assessments, and removals to third countries, with extensive experience representing clients at the High Court, Court of Appeal and at the Supreme Court.

For expert advice on any immigration or public law matter, call Bahar on 02070147398 or email us at bahara@duncanlewis.com

Oskar Butcher is a Solicitor in the Public Law and Immigration department, having joined the firm’s City of London office in September 2021. His work incorporates a wide range of public law matters, predominantly in the field of immigration and human rights. Oskar has have particular experience in complex appeals before the Special Immigration Appeals Commission ('SIAC') and worked on a number of challenges to government policies regarding the UK asylum system.

For expert advice on any immigration or public law matter, call Oskar on 02072752669 or email him at oskarb@duncanlewis.com

Our Immigration and Public Law Team

 Duncan Lewis’ Immigration team and Public law team is at the forefront in the battle against unlawful detention for those held under immigration powers and Home Office practices and policies. The team has a broad practice representing clients in matters involving immigration; asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant Judicial Review matters. They have significant practice in challenging delays in Home Office decisions and unlawful immigration detention cases with high net claims for damages and challenging immigration removal cases.

Duncan Lewis Solicitors

Duncan Lewis Solicitors, an award-winning law firm, 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 the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the LexisNexis awards 2024, further establishing its credentials as one of the leading law firms in the UK.