News

Duncan Lewis Solicitors' Public Law team has successfully represented a refugee mother who was forced to flee to the UK and leave her children behind in her country of origin, where they later suffered neglect and abuse at the hands of extended family members.

After she was granted refugee status, Duncan Lewis assisted the mother in applying for Family Reunion so her children could safely join her in the UK.

However, despite the urgency of the situation, the Home Office failed to make progress for 19 months, leaving the children in increasingly dire conditions.

James Packer, Director and Solicitor-Advocate in the Public Law department, led the case.

He drafted grounds for judicial review challenging the Home Office’s prolonged delay and successfully sought expedition. The claim also included a novel legal argument that the delay breached the family’s Article 8 rights under the European Convention on Human Rights (ECHR)—even though the children were outside the UK and therefore, ostensibly, outside the ECHR’s jurisdiction.

This directly challenged the Upper Tribunal’s prior authority in KF (Syria), which had ruled against the applicability of Article 8 to individuals abroad.

The team argued on behalf of their client that family life must be considered in its entirety, regardless of borders. In a significant turn, the Secretary of State conceded the claim before the matter was heard.

However, complexities arose when the Upper Tribunal, of its own motion, varied the Final Order to include the children as claimants. The Duncan Lewis team successfully applied to amend the order to prevent any prejudice to the children’s right to pursue future compensation for breach of their Article 8 rights.

The family is now reunited and is living in the UK.

Following this case, the Tribunal issued a reported decision in a separate matter accepting that Article 8 rights can be engaged for family members abroad—a significant development in UK public law.

This matter highlights the legal acumen and creativity of Duncan Lewis’ Public Law department in mounting effective, precedent-setting judicial review challenges without the need for external counsel.

Meet the Legal Team

James Packer – Director, Public Law

A highly regarded public law specialist, James Packer is consistently described as “exceptional” and “outstanding” by Chambers and Partners and The Legal 500. He regularly acts in complex litigation, particularly test cases involving unlawful detention, removals, access to justice, and civil liberties, and frequently appears in the Court of Appeal.

For advice on any public law and immigration matter contact James via email at jamieb@duncanlewis.com or via telephone on 07342 081719.

Sarah Mills – Solicitor, Public Law

Sarah is a specialist in international human rights and public law with deep experience in trafficking, asylum, and judicial review. She also handles complex civil litigation including false imprisonment and damages claims.

For legal advice, contact her via email at sarahmi@duncanlewis.com or via telephone on020 7275 2774.

About Duncan Lewis Solicitors

Duncan Lewis has the UK’s leading public law and immigration practices, frequently acting in high-profile matters including challenges to the Rwanda policy and detention at Manston House. The firm was named Law Firm of the Year 2024 at the LexisNexis Awards, and is ranked top-tier by The Legal 500, Chambers and Partners, and The Times Best Law Firms.

Our Public Law team continues to lead the way in strategic, cost-effective legal action that holds public bodies to account and protects the rights of the most vulnerable.