News

The Duncan Lewis Public Law team have been granted permission for a third time to challenge failures of the Home Office to ensure that individuals have appropriate access to HIV medication within immigration detention.

MXV was detained under immigration powers on 11 March 2024. As well as HIV, he also has diagnosis of paranoid schizophrenia. He therefore requires antipsychotic medication and antiretroviral medication to avoid being exposed risk to a real risk of serious harm. He is a recognised refugee who is subjected to ongoing legal proceedings to deprive him of his refugee status.

After the decision to detain, he was not prescribed antiretroviral medication for a period of 52 days. Judicial Review proceedings were accordingly issued on 24 May 2024. Following this, the Home Office confirmed that they wished to release him from detention. He was accordingly released to appropriate accommodation within the community.

The grant of permission to challenge the Home Office follows the determination of Mr Justice Bourne in CSM (CSM, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 2175 (Admin) (30 July 2021). In this judgment, Mr Justice Bourne found that the Home Office had failed to establish a sufficient system to care for individuals with HIV within the detained estate. In this precedent case, the judge found, for the first time, that systems operated by the Home Office in the detained estate breached Article 3 ECHR. LC v Secretary of State for the Home Department.

The grant also follows the challenge of The King (on the application of LC) v Secretary of State for the Home Department [2023] EWHC 319 (Admin) in which the Secretary of State for the Home Department (SSHD) detained ‘LC’, an individual with HIV, without any supply of antiretroviral drugs; failing to comply with internal guidance when doing so.

The treatment of MXV, following findings that two other individuals were also detained without access to antiretroviral drugs, raises serious concerns about the Home Office’s failure to establish adequate policy to ensure detainees are able to access life-saving medication. A full hearing is listed for 21 October 2025

MXV is represented by Jamie Bell and Ben Nelson of the Duncan Lewis Public Law Team. They have instructed Catherine Meredith of Doughty Street Chambers. We continue to be grateful for the assistance of organisations who have provided support to this challenge so far.

About the Instructing Team

Jamie Bell is a Solicitor within our formidable Public Law and Immigration department at Duncan Lewis Solicitors. Since joining the firm in August 2014, Jamie has amassed extensive experience across a wide variety of complex and high-profile cases, with a particular specialism in representing Afghan clients. His unwavering dedication to his clients is evident in his readiness to undertake cases at a moment's notice, tirelessly working to prevent the unlawful removal of asylum-seekers. 

Jamie Bell can be contacted at jamieb@duncanlewis.com or via telephone at 02031141184.

Ben Nelson is a Caseworker in the Public Law team at Duncan Lewis Solicitors, based in the City of London office. Since joining the firm in 2021, Ben has assisted with a wide range of public law cases and is also accredited to handle various immigration matters under legal aid.

Contact Ben at BenN@duncanlewis.com, or by telephone at 02031141140.

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is a leading UK law firm, recognised for its excellence across a broad spectrum of legal services. Ranked Top Tier in Legal 500 and Chambers and Partners, the firm was named Law Firm of the Year at the LexisNexis Awards 2024, following its win in the same category at the Modern Law Awards 2023.

The firm’s Immigration and Public Law team is particularly renowned for handling complex and high profile cases involving human rights and asylum seekers. With landmark successes in cases such as Brook House, the Rwanda Challenge, and Manston House, Duncan Lewis continues to provide unparalleled legal representation, ensuring justice for the most vulnerable