Duncan Lewis Solicitors’ Cardiff Immigration team, headed by Director of Immigration, Vinita Templeton, discloses position of client Bashir Naderi’s current legal battle.
By order of an injunction of the Upper Tribunal, Bashir Naderi’s removal to Afghanistan was suspended on 31st October 2016 and he was released from detention. The Government Legal Department, on behalf of the Secretary of State for the Home Department, agreed a Consent Order with Duncan Lewis Solicitors sealed on 8th December 2016. It was agreed by consent that a new decision would be taken and any further evidence in support of Bashir was to be submitted by 9th January 2017.
Notwithstanding overwhelming evidence that Bashir is a westernised individual, the Secretary of State regards it to be a matter of “speculation” that he is westernised. It is alleged by the Secretary of State that he can in any event return and live safely in Kabul. The Secretary of State has rejected his claim without a right of appeal on the grounds that the evidence does not have realistic prospect of succeeding before an Immigration Judge.
In Duncan Lewis’ view, based on the strength of evidence that has been submitted in support of Bashir, the Secretary of State’s decision is not sustainable and can be strongly challenged.
To listen to the interview see below: