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A student asylum seeker has been granted permission in his judicial review proceedings after Duncan Lewis argued that the Home Office’s Allocation of Accommodation policy was incorrectly applied.

The client, a dedicated student who engages in significant voluntary work, is studying for a demanding Master's degree after being awarded a highly competitive scholarship at the University of East Anglia in Norwich. His program requires physical presence on campus several times a week, as highlighted by letters from his academic supervisors. They commend his active participation in university life and dedication to his studies. However, the SSHD proposed relocating him to places far enough away to make attending his scholarship-funded Master's program unfeasible.

Duncan Lewis issued a challenge on his behalf when the Defendant sought to relocate him too far from Norwich.

On behalf of the client, our team outlined the grounds for judicial review, which included:

1. The defendant misapplied the Home Office Allocation of Accommodation policy by failing to consider the claimant's exceptional circumstances;
2. The proposed dispersal constitutes a disproportionate interference with his rights under Article 8 of the ECHR and
3. The defendant’s reliance on section 97(1)(b) of the Immigration and Asylum Act 1999 is undermined by the factors identified by the Claimant.

Following consideration of the claimant’s application for urgent consideration and interim relief, the court considered the claimant to have strong grounds for judicial review. The defendant was restrained from taking steps to disperse the claimant to accommodation outside the Norwich area until the determination of the permission application, or further order from the court.

On 15 February 2024, the High Court granted permission for judicial review.

The legal team instructed in this case are Satvir Sahota and Maniha Ahmad Khan of Duncan Lewis, Steven Galliver-Andrew of Garden Court Chambers.

About the Team

Satvir Sahota is a solicitor and director in the immigration department at Duncan Lewis Solicitors. With more than 15 years of experience in asylum and human rights law, she supervises a team of lawyers who are all committed to delivering a high standard of representation to clients.

Maniha Ahmad Khan is a senior caseworker at Duncan Lewis Solicitors having joined the firm in December 2022. She is based in the firm's Luton office, working under the direct supervision and guidance of director and solicitor, Satvir Sahota.

For advice or assistance on an immigration matter, contact Satvir Sahota at Satvirm@duncanleiws.com or via telephone at 02079238480

Duncan Lewis Solicitors

Duncan Lewis has the leading public law and immigration practice in the UK. It is ranked and recommended as a top tier practice by The Legal 500. The team frequently takes on and successfully brings challenges in some of the most high profile cases in the UK, including in relation to the Rwanda plan – for which it won Outstanding Cases of Year at the Modern Law awards 2024 - Manston House and Brook House.

The 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.