Immigration Solicitors

An Afghan Judge, anonymised as ‘X’ for the purposes of litigation, has been granted in-principle Leave Outside the Immigration Rules (‘LOTR’)following a claim for judicial review brought by Duncan Lewis Solicitors.

The in-principle grant of LOTR has been made in the same terms as leave granted under the Afghan Relocations and Assistance Policy (‘ARAP’), for which Judge X first applied in October 2021, following the Taliban overthrow of the National Government of Afghanistan in August of that year.

The decision – which applies to Judge X, his wife, and their two young children – means that the family will be allowed to enter and remain in the United Kingdom with settled status. The grant is subject only to their successful completion of standard UK visa requirements, and will provide them with the same protections and rights as those eligible under ARAP.

Background

Following the Taliban takeover of Afghanistan in August 2021, Judge X and his family were forced into hiding due to the severe threat to his life posed by the Taliban regime. Taliban members actively pursued for Judge X for years, in light of the role that he played as a Judge in the Islamic Republic of Afghanistan prior to the Taliban overthrow of the National Government. In total, X and his family spent over three years in hiding.

Duncan Lewis Solicitors issued a claim for judicial review against the Secretary of State for Defence and the Secretary of States for Foreign, Commonwealth and Development Affairs, challenging their refusal of Judge X’s ARAP application. The challenge was made on the grounds that the refusal (and subsequent review) was unreasonable, in breach of government policy, and in breach of the Common Law duty of fairness.

This decision follows substantial efforts by the Duncan Lewis Public Law team, including a previous judicial review claim against the unlawful delay in determining his ARAP application. Judge X and his family will now travel to a regional Visa Application Centre to complete UK visa requirement checks, upon completion of which they will be relocated to the UK.

Judge X was represented by Director Bahar Ata and Solicitor Oskar Butcher of the Duncan Lewis Public Law team instructing Greg Ó Ceallaigh KC and Emma Fitzsimons 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 particular experience in complex appeals before the Special Immigration Appeals Commission ('SIAC') and has 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

Duncan Lewis Solicitors

Duncan Lewis has the leading public law and immigration practice in the UK. The team frequently takes on and successfully brings challenges in some of the most high profile cases in the UK, including in relation to the Rwanda plan and Manston House. The company was recently crowned Law Firm of the Year 2024 at the LexisNexis awards, and noted for its commitment to providing justice for all.

Duncan Lewis 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 Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times.