Immigration Solicitors

Duncan Lewis Solicitors successfully challenged the forced relocation of an Iraqi asylum seeker and Master’s student in the case of RMO v Secretary of State for the Home Department (SSHD).

The claimant, an Iraqi national and asylum seeker, had settled in Norwich, where he actively contributed to the local community. Volunteering as an interpreter, he assisted fellow asylum seekers and refugees with language learning, helping them integrate into British society. In September 2023, he was awarded a highly competitive scholarship to pursue a one-year Master’s degree at the University of East Anglia, a programme that required his regular physical attendance on campus.

Despite these exceptional circumstances, the SSHD notified him in January 2024 that he would be relocated to Walsall with just four days' notice, threatening to severely disrupt his studies and his integration into the Norwich community.

Duncan Lewis Solicitors argued that this forced relocation violated the Home Office’s own policy regarding the allocation of accommodation and was a disproportionate interference with the claimant's rights under Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life.

The legal challenge centred on the SSHD’s failure to take into account the claimant’s personal circumstances, particularly his educational commitments and his essential role within the community. Letters from the claimant’s academic supervisors were submitted to the court, detailing his active participation in university life and the importance of his continued presence in Norwich. The claimant’s grounds for judicial review further argued that the SSHD had misapplied the Home Office Allocation of Accommodation policy and failed to consider relevant factors, undermining its reliance on section 97(1)(b) of the Immigration and Asylum Act 1999.

On 12 January 2024, the court agreed that the claimant had strong grounds for judicial review, stating that "the balance of convenience clearly lies in favour of maintaining the status quo, at least until permission stage, so that he can continue with his course whilst the legal challenge is ongoing."

Subsequently, on 26 February 2024, the High Court granted permission for judicial review. Despite the claimant’s compelling case, the SSHD maintained her decision to disperse him.

The High Court ruled in the claimant’s favour, ordering the SSHD to remake the decision with a requirement to provide written reasons that directly addressed the claimant’s arguments.

The court emphasised that the SSHD must consider whether the claimant could remain in temporary accommodation in Norwich until the completion of his Master’s degree and, if not, provide a clear justification for why this could not be accommodated. This case underscores the importance of the judicial review process in protecting the rights of vulnerable individuals and ensuring that government policies are applied fairly and in accordance with the law.

Legal Team:

Director Satvir Sahota and former caseworker Maniha Ahmad Khan instructed barrister Steven Galliver-Andrew, of Garden Court Chambers.

Satvir has extensive experience in handling complex immigration cases and ensuring the rights of vulnerable individuals are protected. For advice in any immigration or human rights matter contact her via email at satvirm@duncanlewis.com or telephone her on 020 7923 8480.

About Duncan Lewis Solicitors:

Duncan Lewis Solicitors is a renowned law firm recognised for its comprehensive legal services and commitment to justice. The firm is listed in the Times Top 250 law firms and has a formidable reputation across numerous fields of law where it is ranked Top Tier in both the prestigious legal guides, The Legal 500 and Chambers and Partners. Duncan Lewis was this year crowned Law Firm of the Year at the Lexis Nexis awards 2024, following on from the previous year where it won in the same category at the Modern Law Awards 2023.

Our immigration and public law team is particularly noted for its successes in handling complex cases involving human rights, asylum seekers, and vulnerable individuals, including Brook House, the Rwanda Challenge and Manston House. We are dedicated to providing the highest level of legal representation to ensure that our clients' rights are upheld and protected.