Immigration Solicitors

On 30 January 2025, the High Court granted a Mandatory Injunction compelling the Secretary of State for the Home Department (SSHD) to take immediate action to secure the release of Duncan Lewis’s client, ARM, from detention.

Following concerns over ARM’s deteriorating health and the SSHD's failure to act, two additional Mandatory Injunctions were issued, leading to ARM’s release on 19 February 2025. This case raises significant concerns about the SSHD’s treatment of detainees at Brook House IRC, particularly in light of the recommendations following the landmark Brook House Inquiry.

Background

ARM, an asylum seeker from Iraq, was detained on 23 September 2024. He informed staff at Harmondsworth IRC that he was a victim of torture and had a history of self-harm and suicidal ideation. By early October, the SSHD had acknowledged ARM could not be deported due to his asylum claim but kept him in detention due to a lack of accommodation.

ARM’s application through his previous solicitors for bail was rejected by the First-tier Tribunal on 18 November 2024 due to the absence of accommodation. Despite taking responsibility for his accommodation, the SSHD did not find a suitable place for ARM until January 2025. During this time, ARM’s mental health deteriorated in solitary confinement at Harmondsworth IRC. He was also referred to a local hospital over concerns he may have cancer, but the SSHD ignored the request for him to remain at Harmondsworth to receive urgent medical care and transferred ARM to Brook House on 7 January 2025.

Subsequent Development 

On 15 January 2025, ARM instructed Duncan Lewis Solicitors to act on his behalf. By then, his health had worsened further—he was coughing up blood and being tested for tuberculosis. His legal team immediately sent an urgent request to the SSHD demanding his release and suitable accommodation.

When the SSHD failed to respond, a judicial review and emergency application were filed with the High Court on 30 January 2025. Recognising the urgency of the situation, the Court granted a Mandatory Injunction within hours, ordering ARM’s release. However, the SSHD still failed to act.

Over the next two weeks, the SSHD repeatedly disregarded court orders, forcing ARM’s legal team to seek further intervention. The High Court issued a second Mandatory Injunction on 10 February and a third on 17 February 2025.

ARM was finally released on 19 February 2025, but even then, he was left outside in the cold for hours before being allowed to access his accommodation.

Follow this link for the full judgement: ARM -v- Secretary of State for the Home Department (anonymity order)

Ongoing litigation

Following a hearing on 28 February 2025, the High Court confirmed that the SSHD must provide ARM’s medical test results to his GP and cover his legal costs. However, ARM is now seeking compensation for his unlawful detention and the failure to provide urgent medical care.

If the SSHD does not settle, the case will move to the County Court, where damages will be assessed. ARM is also awaiting confirmation of his medical diagnosis, which will determine the long-term impact of his mistreatment while in detention.

Significance of the Case

Ben Cartwright, the lead Solicitor representing ARM, stated: "This case raises serious concerns about the SSHD's treatment of detainees and their decision-making processes. ARM’s unlawful detention for over four months is a glaring example of systemic failure. ARM is seeking substantial damages, and this case highlights the ongoing issues at Brook House, as outlined in the Inquiry recommendations. The trio of Mandatory Injunctions issued in this case should serve as a deterrent to the SSHD, ensuring such mistreatment does not continue."

ARM is represented by Ben Cartwright of Duncan Lewis Solicitors, with Finnian Clarke and Donnchadh Greene of Doughty Street Chambers as Counsel. 

About the Instructing Team

Ben Cartwright, a Solicitor in the Public Law, Immigration, and Civil Liberties and Human Rights departments at Duncan Lewis, brings a wealth of experience to his role. Since joining the firm in April 2017, he has developed expertise in diverse issues related to asylum, judicial review representing a number of clients from the High Court to the European Court of Human Rights. Ben is actively involved in assisting clients, regularly taking instructions on a broad spectrum of matters, including urgent cases and applications out of hours. Ben has further obtained significant damages for clients in challenges arising from unlawful detention and failures by the SSHD in accommodating vulnerable asylum seekers.

Contact Ben via email at BenC@duncanlewis.com or via telephone on 020 7275 2622.

Vilash Gami, a director in the immigration department, oversees a team of solicitors and caseworkers, specialising in asylum, human rights, and public law. Recognised as a Recommended Lawyer in the 2024 edition of The Legal 500, Vilash is acknowledged for her outstanding contributions to Administrative and Public Law, as well as her work in Civil Liberties and Human Rights across London.

Contact Vilash via email at vilashk@duncanlewis.com or via telephone on 020 3114 117.

Our Public Law Team

Duncan Lewis’ Public Law team, ranked in Chambers & Partners and The Legal 500 UK directories, has a broad practice representing both privately and publicly funded (legal aid) 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 decision-making, unlawful immigration detention cases with high net claims for damages and challenging immigration removal decisions, particularly third country removal cases.