News

Duncan Lewis Public Law Solicitor Nicholas Hughes successfully acted as advocate in a pro bono appeal on behalf of a Somali national facing deportation, securing the client’s right to remain in the UK on asylum, humanitarian protection, and human rights grounds.

 Our client, who arrived in the UK as a child in 1995 and was granted Indefinite Leave to Remain in 2002, faced deportation following historic criminal convictions. After previous unsuccessful legal representation and a failed appeal in 2018, he approached Duncan Lewis Solicitors for help. Nicholas Hughes took on the case pro bono, recognising the significant vulnerabilities involved. The case was heard before Judge Tozzi in the First-Tier Tribunal where three grounds of the appeal were allowed.

 Ground 1: Christianity Conversion

Our client argued that he would face persecution if returned to Somalia due to his conversion to Christianity while in prison. The Judge accepted that he now identifies as Christian, has formally changed his name, and would be perceived as such by the Somali community due to his visible tattoos, Westernised appearance, and belief system.

Supporting this argument, Dr Hoehne highlighted that apostacy was one of the biggest crimes in Islam and was punishable by death according to Sharia. In Al Shabaab areas, those accused of being Christian were beheaded. Generally, turning to Christianity was viewed by the vast majority of Somali’s as falling from true faith. Practising freely was not possible.

In light of expert evidence and the findings in previous cases, the Tribunal concluded that there is a reasonable likelihood that the appellant would be at risk of persecution on return because of his religious or perceived religious beliefs.

Ground 2: Humanitarian Protection and Medical Needs

In addition to the asylum claim, the tribunal gave detailed consideration to the appellant’s serious and enduring mental health issues. The appellant suffers from depression, PTSD and psychosis, and has a history of suicide attempts. Medical evidence submitted at hearing, which remained unchallenged, confirmed that he continues to experience symptoms and is reliant on antipsychotic and antidepressant medication. The judge accepted that his symptoms substantially impair his daily functioning and that he remains vulnerable, with no family support in Somalia and a fragile but vital support network in the UK, including a friend, who assists with his care and medication management.

While limited mental health treatment may be theoretically available in Mogadishu, the judge found that the societal stigma surrounding mental illness, coupled with the lack of a support network and the appellant’s vulnerability, meant he would likely be unable to access treatment or maintain stability. The Tribunal concluded that returning him would expose him to a high risk of deterioration and potentially life-threatening harm.

In allowing the appeal under Article 3 ECHR, the judge found that a prima facie case had been made that deportation would amount to inhuman or degrading treatment, a finding the Home Office had failed to rebut.

The appeal was allowed on asylum, humanitarian protection, and human rights grounds. This case highlights the vital role of high-quality legal representation and advocacy, with Nicholas Hughes' pro bono work proving instrumental in securing justice for a vulnerable individual who would otherwise have faced persecution and inhumane treatment if removed.

About the Instructing Solicitor

Nicholas Hughes is a solicitor in the Public Law department He has extensive experience in immigration and asylum, judicial review, and public inquiries.

For advice or assistance on any public law matter, contact Nicholas via email at nicholashu@duncanlewis.com, or by telephone at 02031141138.

Duncan Lewis Solicitors

Duncan Lewis Solicitors, an award-winning law 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. Duncan Lewis was crowned Law Firm of the Year at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.

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.