News

Duncan Lewis has secured indefinite leave to remain for a client following a challenge to the Secretary of State for the Home Department (SSHD) over delays in implementing a successful human rights appeal.

The Ugandan national, who fled the civil war as a child now has formal confirmation of her immigration status, following the successful judicial review application challenging the SSHD.

Our client was finally issued an eVisa on 19 February 2025, confirming her continued right to indefinite leave to remain (ILR) in the UK.

A Vulnerable Client Caught in Bureaucratic Limbo

Our client arrived in the UK as a child after fleeing the Ugandan civil war in the 1980s. She was granted ILR and has lived in the UK ever since. Her early experiences of trauma have led to complex and serious mental health conditions.

In 2021, following a conviction for fraud offences, the SSHD issued a deportation order against her. However, in May 2024, she successfully appealed the deportation on human rights grounds.

Despite the successful appeal, the SSHD failed to implement the decision for over nine months, leaving our client without confirmation of her ILR status. This delay had a devastating impact on her and her family—particularly as she is the full-time live-in carer for her severely mentally ill son and relies on welfare benefits for their survival. The Department for Work and Pensions demanded proof of her immigration status, putting her access to essential support at risk.

Following fruitless Pre-Action Protocol correspondence, the SSHD indicated an intention to grant her discretionary leave to remain, rather than reinstating ILR— and without any timeframe for action.

The Legal Challenge: Upholding the Rule of Law

We launched an urgent Judicial Review application and request for Interim Relief at the Upper Tribunal (Immigration and Asylum Chamber), arguing:

1. Under section 79 of the Nationality, Immigration and Asylum Act 2002, our client retained ILR following the successful appeal, and discretionary leave was incorrect.
2. The SSHD’s prolonged failure to implement our client’s successful appeal and issue ILR was unlawful and unreasonable, referencing key cases including R (FH) [2007] EWHC 1571 (Admin), R (O) [2019] EWHC 148 (Admin), and R v SSHD, ex parte Mersin [2000] INLR 511.

On 4 February 2025, Upper Tribunal Judge O’Brien granted our application for urgent consideration, ordering the SSHD to file her Acknowledge of Service (AOS) by 11 February. In the SSHD’s AOS, she confirmed our client’s ILR would not be revoked and agreed to pay our legal costs.

The Team at Duncan Lewis

This important result is a testament to the expertise and dedication of the Duncan Lewis team. Our client was represented by Solicitor Yasmin Adib and Senior Caseworker Claudia Pijoan Guerra, with Alex Grigg, of Garden Court Chambers, instructed as Counsel.

Yasmin Adib is a Solicitor and Supervisor in the Immigration and Public Law Departments at Duncan Lewis Solicitors. She specialises in complex immigration, asylum, and public law matters, including unlawful detention, deportation challenges and human rights claims.

Contact her via yasminA@Duncanlewis.com or by telephone on 020 3114 1170.

Claudia Pijoan Guerra is a Senior Caseworker in the Immigration and Public Law Department at Duncan Lewis Solicitors. An LLM graduate in Human Rights, Conflict and Justice from SOAS, University of London, Claudia specialises in asylum, human rights, and public law matters, working under the supervision of Solicitor Yasmin Adib.

Contact her via claudiap@duncanlewis.com or by telephone on 020 7275 2765.

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is a multi-award-winning national law firm renowned for exceptional legal services and commitment to justice. With expertise in 25 areas of law, the firm is ranked in Chambers & Partners and Legal 500 as a top-tier law firm and has been named a Times Top 250 Law Firm. Headquartered in London, the firm is recognised for its excellence in people management, holding the Investors in People Gold Standard Accreditation, and embraces a paperless, hybrid-working model. The firm was crowned law firm of the year at the LexisNexis awards 2024 and again at the Modern Law awards the year before.