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Immigration Solicitors

High Court grants permission in complex EEA unlawful detention claim (16 March 2018)

Date: 16/03/2018
Duncan Lewis, Immigration Solicitors, High Court grants permission in complex EEA unlawful detention claim

Duncan Lewis Solicitors has been granted permission to proceed with a judicial review challenge against the on-going immigration detention of a vulnerable EEA national detainee. Due to ill health, the detainee has been recognised as an ‘adult at risk’ under the Home Office’s policy guidance.

The legal challenge is being brought by the immigration team at Duncan Lewis’ Croydon office and raises a novel point relating to when the Secretary of State can lawfully detain and remove a person in spite of their EU free movement rights. On 28 February 2018, Karon Monaghan QC sitting as a Deputy High Court Judge, granted permission for judicial review on all grounds.

Under regulation 34 of the Immigration (European Economic Area) Regulations SI 2016/1052, where the Secretary of State has made a deportation order against an EEA national, any application to revoke the deportation order must be made from outside of the UK. The language of the provision has previously been described by the High Court as ‘uncompromising’.

The Claimant, who did not appeal against his deportation order and was unrepresented at the time it was made, argues that the order is flawed because the Home Office applied the wrong threshold test to him under the regulations. He argues that the bar to in-country applications to revoke deportation orders must be read in a way that respects both EU law and human rights law, and avoids a breach of either of them. He seeks to quash the Secretary of State’s refusal to revoke the deportation order against him and an order for his immediate release from detention.

The solicitor leading this challenge is Claire Ryan of Duncan Lewis. Counsel in the case is Ben Amunwa of 36 Civil.

Claire is a Solicitor and Supervisor in the Immigration department. Claire has significant experience representing vulnerable clients including unaccompanied asylum seeking children, victims of torture, domestic violence and trafficking. She conducts advocacy in the First and Upper Tier Tribunal. Claire undertakes Judicial Review and Civil Claims and has a particular interest in claims for unlawful detention. She has successfully negotiated substantial damages for clients detained under Immigration powers.

For more information on this and other immigration related matters, contact Claire on 020 7275 2785 and clairery@duncanlewis.com.

Duncan Lewis Immigration Solicitors

Duncan Lewis' Immigration team holds exclusive legal aid contracts to represent vulnerable clients, including victim of torture or trafficking in immigration detention related matters, detained asylum casework and unaccompanied asylum seeking children. The department holds a niche practice representing judicial review immigration claimant cases before the High Court with a significant practice in Upper Tribunal and Court of Appeal appellant cases, unlawful immigration detention cases with high net claims for damages and challenging immigration removal cases; in particular, Dublin III removal cases.

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