Interim Relief Granted to Prevent Forced Removals to Afghanistan (22 April 2015)

Date: 22/04/2015

Duncan Lewis, Main Solicitors, Interim Relief Granted to Prevent Forced Removals to Afghanistan

After challenging and obtaining injunctive relief for a significant number of their clients who were due to be removed on the charter flight that departed to Kabul on 10 March 2015 after the production of fresh evidence about the significant deterioration in the country conditions in Afghanistan, the Public Law team at Duncan Lewis Solicitors represented 19 men that were due to be removed on the charter flight scheduled to depart at 23:30 on 21 April 2015.

Judicial review were applications for lodged for each of these clients.

It was sought to defer removal directions for each client and also to seek generic relief preventing forced removals on this charter flight.

Over the course of four hearings at the Upper Tribunal before Upper Tribunal President McCloskey, interim relief was granted for each client that represented by Duncan Lewis.

Following this, an application was made to the Court of Appeal to continue the request for generic relief to prevent all forced removals.

This was heard out of hours by Lady Justice Rafferty. This application was successful and interim relief was granted on the basis that the issues surrounding the generic evidence produced needs to be resolved. This meant that all those to be forcibly removed on this flight have had their removal directions deferred.

Toufique Hossain. Director of the Public Law Department states,

‘The decision of the Court of Appeal to grant relief to allow the resolution of the generic issues in relation to Afghanistan is unprecedented'. The Secretary of State continues to resist very strong claims for protection and our position is that their continued policy to carry out removals to Afghanistan is now untenable.’

Duncan Lewis will continue to argue that removals to Afghanistan should not continue until detailed consideration should be given to the substantial evidence that they have produced detailing the risk that those returned would risk. A hearing is to take place in front of Upper Tribunal President Lord Justice McCloskey on 22 April 2015.

For more information contact Duncan Lewis Public Law Solicitors;

- Toufique Hossain at

- Tamara Smillie at

- Lewis Kett at

- Jamie Bell at