Home Office barred from making trafficked client homeless after successful out of hours application (15 December 2022)

The Home Office was barred from releasing a trafficking victim onto the street after a successful out of hours application made by Duncan Lewis.

The immigration team made the urgent application on Saturday evening after discovering earlier that morning that the Secretary of State for the Home Department (SSHD) had suddenly decided to release the client without considering their lack of suitable accommodation.

The client had previously been recognised as a victim of trafficking following a National Referral Mechanism (NRM) referral. He has a single conviction, for an offence committed under the control of the traffickers.

However, the SSHD decided to release him without giving any consideration to his vulnerability and despite being fully aware that suitable accommodation and support arrangements were not in place.

Immigration director Pardeep Somel said: “This was seriously concerning to us as a team. If our client was released at that point, he would have been homeless, which would have led to him breaching the conditions of his licence. This was an excellent result for the client and his team, particularly as urgent out hours applications to the Administrative Court are rarely successful.”

On the Saturday evening, the court prevented SSHD from releasing the client until adequate accommodation, approved by his probation officer and provided by the Salvation Army, is in place.

The solicitor with conduct of the case is Duncan Lewis immigration director Pardeep Somel. Instructed counsel: Catherine Robinson, of 1 Pump Court.

Pardeep is a director in the immigration department based at the Milton Keynes office. She has more than 15 years’ experience in asylum and immigration law, with a particular focus on asylum work, representing victims of torture, human trafficking, gender-based persecution and detention challenges/ removals. She specialises in working with vulnerable individuals including minors, victims of domestic violence, torture and trafficking.

For advice on any immigration matter, contact Pardeep via email at pardeeps@duncanlewis.com or via telephone on 020 7275 2667.