News

The High Court has granted permission for judicial review in the case of an Indian national who has endured a prolonged and distressing immigration ordeal in the UK. This outcome marks a major step forward in her fight to remain in the UK on human rights and protection grounds.

The client initially entered the UK with valid leave as a student, but was later served with removal directions once her leave expired. In response, she submitted both human rights and protection claims, which were swiftly refused and certified as “clearly unfounded” under Section 94 of the Nationality, Immigration and Asylum Act 2002. Despite her vulnerable circumstances—including being a survivor of serious violence in India—these claims were rejected without the opportunity for an in-country appeal.

She was re-detained after attending a routine reporting event with the Home Office, following her release on conditional bail. She then submitted further representations, but these too were refused under Paragraph 353 of the Immigration Rules.

While in detention, and over a month after being held, the Home Office finally initiated a Rule 35 assessment under the Detention Centre Rules 2001. It was during this assessment that the client disclosed having survived brutal and inhumane treatment in India. Further submissions based on these new disclosures were again refused in November 2024, and a removal date to India was set.

The client sought judicial review of the Home Office’s refusal of her further submissions, her detention, and the removal directions. On an urgent application, the judge issued an order preventing the removal, noting that there was credible evidence regarding the client’s medical condition which merited proper consideration. Shortly after, the client was released from detention.

Permission for judicial review was recently granted. The judge emphasised that central to the case is the argument that the Home Office's assessment of the client’s credibility should be reconsidered in light of an expert medical report. The report found her physical and psychological condition to be "highly consistent" with her account of abuse, including being attacked with acid—evidence which the court found at least arguably sufficient to ground a fresh asylum claim under Paragraph 353.

The case now proceeds under case management directions issued by the court, with both parties required to comply with procedural steps.

The case underscores the importance of properly considering late-disclosed but credible evidence—particularly where vulnerable individuals are involved—and ensuring it is not summarily dismissed by the Home Office.

Marina Khan, a Supervisor and Solicitor in Duncan Lewis’s Public Law team, is representing the client, assisted by Caseworker Joie Cabreza. Instructed Counsel is Steven Galliver-Andrew of Garden Court Chambers.

Duncan Lewis Public Law team

Duncan Lewis Solicitors Public Law team, ranked in Chambers & Partners and The Legal 500 UK directories, 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 experience in challenging delays in Home Office decision-making, unlawful immigration detention cases with high net claims for damages and challenging immigration removal decisions, particularly third country removal cases.

About the Author

 Marina Khan is a Solicitor and Supervisor in the Public Law & Immigration team. Based in our Luton office, Marina has conducted a number of high profile claims for Judicial review and has significant experience in dealing with vulnerable clients including those in detention, those suffering from complex psychological issues and victims of torture and trafficking. Marina has a particular specialism in challenging the immigration detention of vulnerable clients, with a great track record of securing their release and awards of damages for the client.

For advice or assistance on an immigration matter, contact Marina by email at MarinaK@duncanlewis.com, or by telephone at 02070147396.