Ms Pengayo was studying with Leave in the United Kingdom. She enrolled upon a course at an approved college in accordance with Home Office Guidelines. Later however the college was removed from the register because it had been found to be issuing some bogus qualifications. Read more...
Interim relief allows an applicant to seek a preliminary order in ongoing litigation. It is very often used to preserve the status quo. In an application for Judicial Review challenging unlawful detention of an immigration detainee it would be used to seek the Claimant’s release. Read more...
A client of mine was removed in pursuance of a deportation order earlier this year, this could have been avoided. Her appeal against deportation was dismissed on the 4th November 2009, despite the fact that she was legally represented at this time, her previous solicitors failed to obtain key evidence of her subsisting relationship with her husband, a British national. Read more...
One important detail has already emerged. The Secretary of State is attempting to leave open the question of whether or not the failure to issue PTW was lawful, and attempting to argue that she was entitled to await the outcome of the ZO litigation before deciding to issue PTW. Needless to say, we do accept that view. Read more...
Duncan Lewis have been granted permission for judicial review in an important case that deals with the duty the Secretary of State has to safeguard the interests of minors in her custody. Read more...
Governments generally appear unable to resist tampering with the justice system. The introduction of a unified tribunal system through the Tribunals, Courts and Enforcement Act 2007 (TCEA) which, broadly speaking gathered together a large number of tribunals and appeal processes under one roof, and then formulated common rules to govern them, has at least the surface virtue of simplifying and codifying the law. Read more...
We at Duncan Lewis, considered our work done: that our clients with outstanding requests for permission to work and those with pending Judicial Review claims stayed behind ZO, would be granted permission to work and costs in these claims would be awarded in our favour given that the Claimants’ substantive case has proved good. Frustratingly, this was not the case. Read more...
Offending Behaviour Programmes of various shapes and sizes are available to prisoners wishing to reduce their risk of reoffending and address their offending behaviour, but only under certain provisos – that usually deny places to those with mental disabilities. Read more...
Given that the right to liberty is accepted by all concerned as being at the very heart of the protection that the courts provide from the arbitrary power of the state, it is perhaps surprising that there is a dearth of authorities on the ambit of Saadi. Read more...
Costs issues regularly arise in the context of judicial review proceedings. Often, as the claimant is financed by the Legal Services Commission, the issue is not considered pivotal. However, given the significant financial costs in bringing the proceedings, this is problematic. Read more...
Supervisors continually stess the importance of "maintaining control over one^s clients". Initially, it may seem unclear as to what was meant by this; however the point is illustrated in this article during the course of one Judicial Review case. Read more...
Delays on the part of UK Border Agency under the Legacy Exercise and to resolve priority applications lead not only to frustration and anxiety on part of the applicants but may also lead to loss of unique talent, as a promising football player’s career is jeopardised by the unreasonable hold up in determining his application. Read more...