Duncan Lewis' Public Law Team Wins Top Pro Bono Award for Rwanda Challenge (7 December 2022)

We are delighted to reveal the public law team has scooped a prestigious pro bono award for its work challenging the Rwanda flight scheme. In giving them the Best Contribution by a Law Firm award, judges acknowledged the vital work undertaken by the team on behalf of their clients, which led to the grounding of the first scheduled flight to Rwanda after all the intended passengers were removed from it. Each year, the prestigious LawWorks Pro Bono Awards highlight the most important legal pro bono activities undertaken by companies and individuals and the positive impact they have on those helped. The result was due to the success of an urgent application to the European Court of Human Rights (ECtHR), work completed pro bono as no public funding is available for such applications. This is especially good news as the announcement was made during pro bono week (November 7-11), which celebrates the voluntary contribution made by the legal profession across the UK in giving free legal help to those in need. Duncan Lewis Solicitors’ highly regarded team was thrown a significant challenge while working around the clock on behalf a number of clients facing removal to Rwanda under the Government’s controversial plan to remove asylum seekers there. An application for an injunction was lodged on June 8 on behalf of four individual clients, and the Public & Commercial Services Union (PCS), Care4Calais and Detention Action. The Home Office conceded, cancelling removal directions for all four of our individual clients and a further four individual claimants were added to the legal proceedings on June 10. At a High Court hearing on 10 June, the UNHCR, intervening, expressed serious concerns about the asylum process in Rwanda. The Home Office cancelled a further two of our individual clients’ removal directions. Swift J refused interim relief but granted permission to appeal. In his judgment he acknowledged that there was a serious case to be tried but was persuaded that it would be possible to bring back any individuals sent to Rwanda prior to the final hearing, should the policy ultimately be found to be unlawful. The Court of Appeal hearing was held on June 14. The Home Office cancelled one of our remaining two clients’ removal directions. Singh LJ, Simler LJ and Stuart-Smith LJ, upheld the judgment of the High Court and refused permission to appeal to the Supreme Court. Our application for permission to appeal to the Supreme Court was refused and, having exhausted domestic remedies, an application was submitted on behalf of our remaining client to the ECHR for an interim measure under Rule 39 of the Court Rules. The ECtHR granted an interim measure to prevent our client’s removal. In making this decision, the ECtHR considered, amongst other things, the absence of any legally enforceable mechanism for our client’s return from Rwanda to the UK should the policy be found to be unlawful. Our client’s removal directions were cancelled and, on in reliance of this initial grant, subsequent applications were sought on behalf of other individuals due to be removed on the flight. This ultimately resulted in no individuals being removed to Rwanda. The team continues to represent eight individual claimants, PCS, Care4Calais and Detention Action. Duncan Lewis also represents several more individuals who have been served with a notice of inadmissibility and are at risk of removal to Rwanda. A final hearing on the legality of the scheme was heard in September and a judgment is pending. The team would also like to thank the counsel team instructed in the ECtHR application, including members from Matrix, Littleton, Blackstone, Garden Court Chambers for their hard work. Congratulations to the whole team. Our legal team is Toufique Hossain, Lewis Kett, Sophie Lucas, Charlotte McLean, Sheroy Zaq, Manini Menon, Nicholas Hughes, Simon Robinson and Tristan Greene. Teams from across other Duncan Lewis immigration and public law departments represent several other detainees affected by this policy.