Permission granted to Claimants challenging the suspension of family reunion for refugees (20 February 2026)

On 19 February 2026, Mr Justice Fordham made an order in three judicial review claims granting permission to the Claimants to challenge the Home Secretary’s decision to close the route by which refugees may apply for their family members to join them in the UK.

Duncan Lewis clients, AXY and BSZ, brought a claim for judicial review arguing that the Home Secretary’s decision was unlawful because she failed to take account of the impact that her decision would have on refugees and their family members, that her decision-making process was vitiated by apparent bias, and that the decision discriminated unlawfully against refugees by treating them the same as any other individual applying to bring their family members to the UK.

The grant of permission means that these claims will be considered at a final hearing before the Administrative Court to take place in May 2026.

Prior to changing the rules in September 2025, the UK has provided a comparatively straightforward route for refugees to bring their immediate family members to the UK for over two decades. The consequence of the Home Secretary’s decision is to keep refugees separated from their children and partners for a prolonged and indeterminate period. This is causing real harm to the Claimants and their family members, and to others in a similar situation, who are prevented from living together as a family, and instead are being forced to continue living in dangerous and precarious circumstances in their countries of origin.

Jeremy Bloom, lead Solicitor for the Claimants said:

The Home Secretary has pulled an emergency brake on refugee family reunion. She says she has done so to alleviate the pressure on public services, but she has completely failed to consider the very real and damaging consequences of her decision on refugees and their family members.

Our clients remain separated from their children and partners, putting their families in danger and putting them under unbearable strain. They don’t meet the requirements under the regular family routes for entry clearance, which means that they will have to provide evidence capable of satisfying the Home Office that their circumstances are exceptional.

The disclosure by the Home Office in the case shows that the Home Secretary’s mind was made up before giving any meaningful consideration to these issues. That is not a lawful way for this Government to make decisions. Now that our clients have been granted permission to bring this claim, we are hopeful that the Court will intervene and that justice will be done.

AXY and BSZ’s claims are being case managed by the Court alongside a claim challenging the same decision brought by Safe Passage International, and by other individuals represented by KBP Law.

 AXY and BSZ and Duncan Lewis are grateful to Reunite Families UK for their witness evidence in support of the claim.

Counsel instructed by Duncan Lewis are Raza Husain KC and Eleanor Mitchell (Matrix Chambers), and Miranda Butler (Landmark Chambers). The team working on this claim for Duncan Lewis are Toufique Hossain, Jeremy Bloom, Manini Menon and Ben Nelson.

About Toufique Hossain – Director & Solicitor

Toufique Hossain is a Public Law Director with over 20 years’ experience leading high-profile strategic litigation against unlawful government decisions. He is widely recognised for his human rights work and for building a large specialist judicial review team.

About Jeremy Bloom – Consultant

Jeremy Bloom is a public law and immigration solicitor specialising in strategic judicial review challenges and access to justice issues. He is known for his work supporting the Windrush generation and was named Law Society Junior Lawyer of the Year in 2021.

About Manini Menon – Caseworker

Manini Menon is a Public Law caseworker assisting solicitors on judicial review and related matters. She supports day-to-day case progression under senior supervision.

About Ben Nelson – Trainee Solicitor

Ben Nelson is a Public Law trainee who assists on complex judicial review and immigration cases. His work includes major challenges relating to asylum policy, detention, and legal aid access.

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is a leading UK law firm specialising in public law, immigration, and human rights. The firm is known for strategic litigation challenging unlawful government policies and practices.

Please contact Jeremy Bloom for more information on this matter at jeremyb@duncanlewis.com.