News

Duncan Lewis Solicitors recently secured urgent interim relief for a vulnerable client facing imminent removal to China, following significant procedural failings and the absence of legal representation during her asylum process.

Background

Our client, a Chinese national born in Harbin and of Manchu heritage, sought asylum in the United Kingdom due to longstanding persecution faced by her family. As descendants of Manchurian officials, her family was targeted following the Chinese Communist Revolution, with their property and status stripped by the Chinese state. For years, our client and her family faced hostility, culminating in her eventual flight to the UK.

Despite claiming asylum in March 2022, our client lacked substantive legal representation throughout the initial stages of her case. She was unrepresented at her First-Tier Tribunal hearing in February 2024 and experienced difficulties understanding the interpreter, which significantly impacted her ability to present her case. The Tribunal dismissed her appeal, and in May 2025, she was detained upon reporting to the Secretary of State for the Home Department (SSHD).

Our Intervention

Duncan Lewis’ Birmingham team were instructed following our client’s attendance at a remote Detained Duty Advice Scheme (DDAS) surgery. At this point, removal directions had already been issued for 29 June 2025, which was less than two weeks away.

Recognising the urgency of the situation and our client’s vulnerabilities, we took swift action. Our team identified serious and previously unassessed mental health concerns, including a longstanding history of suicidal ideation and suspected autism. We immediately began compiling comprehensive further submissions and obtained urgent expert evidence from both a psychiatrist and a country conditions expert.

By 27 June 2025, both expert reports had been finalised and served on the SSHD. Nevertheless, the SSHD issued a refusal of further submissions later that afternoon, failing to consider the newly submitted expert evidence and providing no right of appeal. Despite an immediate application for judicial review to the Upper Tribunal, the court deemed it submitted just minutes outside the window for same-day interim relief consideration.

Urgent High Court Application

With our client’s removal imminent, we acted fast. Counsel Brenda Efurhievwe of Goldsmith Chambers was instructed to draft and present an emergency, out-of-hours application for interim relief to the High Court.

On 28 June 2025, the Hon. Mrs Justice Jefford DBE granted an order restraining the SSHD from proceeding with the removal. This allowed sufficient time to lodge the Judicial Review claim and for the SSHD to be properly challenged on the lawfulness of its decision and the maintenance of removal directions.

Removal was formally cancelled later that same day.

Ongoing Proceedings

On 3 July 2025, the Upper Tribunal formally issued the Judicial Review claim. Our client is now challenging the SSHD’s refusal to consider compelling further submissions and her deprivation of an in-country right of appeal. She is seeking recognition of her refugee status or alternative leave to remain, given the overwhelming evidence of risk to her life and wellbeing if returned to China.

This case exemplifies the impact timely, expert legal representation can have, particularly for vulnerable individuals navigating a complex asylum system. It also underscores the responsibility of the SSHD to act fairly and lawfully, especially where life and liberty are at stake.

The client is represented by Finley Mulligan and Darren Middleton of the Immigration team at Duncan Lewis Solicitors. Brenda Efurhievwe of Goldsmith Chambers was instructed as counsel.

About the Team

Finley Mulligan is a Senior Caseworker in the Immigration and Public Law department at Duncan Lewis Solicitors, based in Birmingham. He works on asylum, deportation, immigration bail, and judicial review matters, with a particular focus on supporting detained clients. Finley holds Senior Caseworker accreditation under the Law Society’s Immigration and Asylum Accreditation Scheme and is a recipient of the Social Welfare Solicitors Qualification Fund.

Darren Middleton is a Director in the Immigration department at Duncan Lewis Solicitors. He specialises in complex asylum, immigration, and public law matters, with a focus on representing vulnerable clients. Darren has extensive experience in Judicial Review proceedings and is accredited as a Supervising Senior Caseworker under the Immigration and Asylum Law Accreditation Scheme.

For advice and assistance on any immigration or public law matter, call Duncan Lewis on 033 3772 0409

Duncan Lewis Solicitors

 Duncan Lewis Solicitors, an award-winning law firm, is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.