News

Duncan Lewis Solicitors has successfully secured permission for judicial review in the case of The King (Rajan) v Secretary of State (AC-2024-LON-003021), challenging multiple decisions made by the Secretary of State for the Home Department (SSHD). The case raises important legal questions about the proper approach to assessing alleged sham marriages, the lawfulness of detention, and the certification of human rights claims under Section 94(1) of the Nationality, Immigration and Asylum Act 2002.

Case Background

Our client, RR, is an Indian national who arrived in the UK on 8 October 202 with leave to entre as a student, valid until 30 October 2024. In August 2021, his sponsoring university withdrew sponsorship due to non-payment of fees, and in January 2023, the SSHD curtailed his leave to remain.

In February 2023, RR met his British fiancée, and over the course of more than a year, they developed a committed relationship. In April 2024, the couple gave formal notice of their intention to marry, and in June 2024, attended a scheduled marriage interview.

However, on the day of the interview, RR was detained by immigration officials with a view of being removed from the UK, with the SSHD alleging that the proposed marriage was a sham. RR’s subsequent human rights application, based on Article 8 (right to private and family life), was refused and certified as “clearly unfounded” under Section 94(1).

Judicial Review Proceedings

RR challenged:

1. The SSHD’s conclusion that his proposed marriage was a sham.
2. The lawfulness of his detention and the underlying defective enforcement decision.
3. The certification of his human rights claim as clearly unfounded.

As part of the judicial review claim, RR submitted extensive evidence of his genuine relationship, including a year’s worth of calls, messages, and photographs. He argued that the SSHD failed to follow her own policies on arranging marriage interviews and on the assessment process for determining whether a marriage is genuine.

Outcome

At the oral renewal hearing, the High Court granted permission on all grounds. The SSHD has since agreed to reconsider her decisions.

This case highlights the necessity for the Home Office to follow due process when investigating alleged sham marriages, ensuring fairness before taking consequential enforcement action such as detention or certifying human rights claims as bound to fail.

The case was conducted by Rajni Chodha, Solicitor in the Immigration department at Duncan Lewis, with Tomor Bahja of Barristers Chambers instructed as counsel.

About the Author

Rajni Chodha is a Solicitor in the Immigration Department at Duncan Lewis. Rajni specialises in in asylum, detained asylum casework and immigration detention matters such as bail and appeal applications. She frequently handles a variety of Judicial Review matters, including challenges to decisions of the Secretary of State for the Home Department to unlawfully detain and remove Claimants, and in cases being heard before the Upper Tribunal of the Immigration Asylum Chamber and the High Court.

For advice or assistance on an immigration matter, contact Rajni via email at Rajnich@duncanlewis.com or by telephone at 02072752828.

Duncan Lewis Solicitors

Duncan Lewis’ award-winning Immigration team, ranked in both Chambers & Partners and The Legal 500 UK directories, has extensive experience representing privately and publicly (legal aid) funded clients in a wide range of immigration, asylum, human rights, and deportation matters. The team has a recognised niche in immigration and civil liberties claimant judicial review work, regularly challenging delays in Home Office decision-making, unlawful immigration, and removal decisions — particularly in complex third-country removal cases.