Duncan Lewis public law team marks Pro Bono week with a shortlisting for the Pro Bono Awards 2022 (11 November 2022)

We are delighted to reveal the public law team is in the running for a prestigious pro bono award for its work challenging the Rwanda flight scheme. In shortlisting the team for the Best Contribution by a Law Firm, judges have acknowledged the vital work they undertook on behalf their clients, which led to the grounding of the first scheduled flight to Rwanda after all the intended passengers were removed from it. 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. Pro Bono Awards 2023 event will be held at the Law Society, Chancery Lane, London on Tuesday,December 6, and we would like to wish the whole team the best of luck. Our public law team is top ranked by both the prestigious legal guides, The Legal 500 and Chambers and Partners, and has a broad practice representing both privately and publicly funded (legal aid) clients in matters involving immigration; asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant judicial review matters. They have significant practice in challenging delays in Home Office decision making (asylum claims, accomodation / support), unlawful immigration detention cases with high net claims for damages and challenging immigration removal decisions, particularly third country removal cases. If you think a public body (like a government department, the local authority or a tribunal) has treated you unfairly, our public law tea may be able to help you challenge this treatment. Public bodies frequently make unlawful decisions or policies; these can be damaging and life-changing. Our team can help you challenge these decisions, to hold public bodies to account and to ensure that you get the justice you deserve. Our legal team is Toufique Hossain, Lewis Kett, Sophie Lucas, Charlotte McLean, Sheroy Zaq, Manini Menon, Nicholas Hughes, Simon Robinson and Tristan Greene.