Vulnerable Asylum Seekers Granted Interim Relief against Removal to Afghanistan by Chartered Flight (24 March 2015)

Following the release of new evidence regarding the deterioration of conditions in Afghanistan, Duncan Lewis Solicitors challenged the removal of a number of vulnerable asylum seekers to Afghanistan by charter flight scheduled for 22:30 on Tuesday 10 March 2015.

Duncan Lewis were instructed by over twenty of those scheduled to be removed on this flight and lodged judicial review applications for them challenging their removal. Many of those due to be removed were from dangerous provinces or had mental or physical health issues.

Although a series of judges were not willing to grant the generic relief that was sought in order to cancel the charter flight and temporarily suspend removals, interim relief was granted for 19 individual clients. This relief was granted by several judges in different Courts with the last order granting a stay was received at 22:36PM.

Duncan Lewis now continue to challenge the policy of the Home Secretary to continue removals to Afghanistan where it has been acknowledged that there has been a marked deterioration in conditions and significant increase in violent activity in the country. We also seek to challenge the continued reliance on the country guidance case of AK despite its information now being four years old.

An initial hearing took place on Tuesday 24 March 2015 in front of Upper Tribunal President McCloskey to discuss case management steps in relation to the nineteen Afghan Clients who have been granted stays on removal. Directions have been provided for both parties with a view to a full hearing taking place in the next few weeks
Counsel instructed are Sonali Naik and Ali Bandegani of Garden Court Chambers.

This matter has been the subject of wide media coverage, such as;

RT: Question More: 18th March 2015: ‘My life’s in danger’: UK asylum seeker says his deportation could be fatal.

Croydon Advertiser: 9th March 2015: Croydon students facing 'unlawful' deportation to Afghanistan fear death at the hands of the Taliban.

Right to Remain: Campaign.

OpenDemocracy.net: 13th March 2015: UK activists prevent deportation of Afghan migrants.

Channel 4: 10th March 2015: Serious self-harm soars at Harmondsworth since 2012:.

Toufique Hossain spoke to Channel 4 as part of their “Serious self-harm soars at Harmondsworth since 2012” report regarding the temporary stay granted to 20 Afghan Asylum seekers who were due to be deported by chartered flight at 10.30 PM on the 10th March 2015.

For more information contact Duncan Lewis Public Law Solicitors;

Toufique Hossain at toufiqueh@duncanlewis.com
toufiqueh@duncanlewis.com

Tamara Smillie at tamaras@duncanlewis.com

Lewis Kett at lewisk@duncanlewis.com

Jamie Bell at jamieb@duncanlewis.com

About the Author: Jamie Bell

Jamie Bell joined Duncan Lewis in August 2014 and is a caseworker in the Public Law/Immigration department. He is currently based in the firm’s Harrow on the Hill branch.