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Public Law Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Public Law

What consists of an adequate consultation process? (11 November 2015)

Duncan Lewis Public Law Caseworker Sangeetha Vairavamoorthy authored this public law discussion concerning the question: "What consists of an adequate consultation process?"  Read more...

Duncan Lewis:Public Law

Important Information for Any Afghan Detainee Due to be Removed on Charter Flight to Afghanistan on 25th August 2015 (20 August 2015)

On the 19th August 2015, Lord Justice Clarke granted permission to appeal in the case of Naziri & Ors, R (on the application of) v Secretary of State for the Home Department (JR – scope - evidence (IJR) [2015] UKUT 437 (IAC) (27 July 2015).  Read more...

Duncan Lewis:Public Law

Reported Case: R (Gacal) v SSHD [2015] EWHC 1437 (Admin) (19 August 2015)

It is the first case ever in the immigration and asylum field on the nature of a ‘final Consent Order’ in Judicial Review cases and on issue of whether a Court has jurisdiction to revoke a Consent Order.  Read more...

Duncan Lewis:Public Law

Reported Case: R (on the application of Luu) v Secretary of State for the Home Department [2014] EWHC 2803 (Admin) (19 August 2015)

(This case has been referred to in R (AS) v Secretary of State for the Home Department [2014] EWHC 3478 (Admin) by Judge HHJ Keyser QC).  Read more...

Duncan Lewis:Public Law

Reported Case: R (Hussain) v SSHD [2014] EWHC 156 (Admin) (19 August 2015)

It is one of the rare cases in which the Court granted costs on Indemnity basis against the Secretary of State for the Home Department.  Read more...

Duncan Lewis:Public Law

Sri Lankan Asylum Seekers: Victims and Witnesses to Serious Human Rights Violations as a New Risk Category (4 August 2015)

On 31 March 2011, Secretary General Ban Ki-moon released the report of the UN Panel of Experts on accountability in Sri Lanka.  Read more...

Duncan Lewis:Public Law

What is vulnerability? (4 August 2015)

The European Court of Human Rights has recently handed down a potentially far reaching decision in respect of what amounts to vulnerability.   Read more...

Duncan Lewis:Public Law

The Plight of Foreign National Prisoners (15 July 2015)

Over the last 10 years, the number of Foreign Nationals detained in UK prisons has increased with Foreign Nationals currently representing over 14% of the prison population.   Read more...

Duncan Lewis:Public Law

Third Country Removals and Open Borders (7 July 2015)

In this article Bahar Ata of the Duncan Lewis Public Law team discusses Third Country Removals and Open Borders.  Read more...

Duncan Lewis:Public Law

Indeterminate prisoner’s suffer as their detention becomes arbitrary (9 June 2015)

A variety of cases are coming to the attention of the courts whereby public bodies, namely the Parole Board and Prison estate are acting unlawfully and unfairly to jeopardise progression for prisoners consequently prolonging their detention. In some cases this detention is becoming unlawful in breach of prisoner’s human rights.  Read more...

Duncan Lewis:Public Law

Indeterminate prisoner’s suffer as their detention becomes arbitrary (9 June 2015)

A variety of cases are coming to the attention of the courts whereby public bodies, namely the Parole Board and Prison estate are acting unlawfully and unfairly to jeopardise progression for prisoners consequently prolonging their detention. In some cases this detention is becoming unlawful in breach of prisoner’s human rights.  Read more...

Duncan Lewis:Public Law

Cyprus – Still a far cry from European Standards (5 June 2015)

Cyprus has always been the place to visit to soak up the sun and is described as many travel agents as “the home of the all-inclusive”. Sadly, this is not the reception that refugees are greeted with on arrival in Cyprus, during their time in Cyprus or even once they have been granted international protection.   Read more...

Duncan Lewis:Public Law

Interim Relief Granted to Prevent Forced Removals to Afghanistan (22 April 2015)

After challenging and obtaining injunctive relief for a significant number of their clients who were due to be removed on the charter flight that departed to Kabul on 10 March 2015 after the production of fresh evidence about the significant deterioration in the country conditions in Afghanistan, the Public Law team at Duncan Lewis Solicitors represented 19 men that were due to be removed on the charter flight scheduled to depart at 23:30 on 21 April 2015. Judicial review applications were for lodged for each of these clients.   Read more...

Duncan Lewis:Public Law

Duncan Lewis continue to challenge removals to Afghanistan (15 April 2015)

A hearing in relation to the ongoing position of the Secretary of State for the Home Department is currently scheduled for 22 April 2015 before the Upper Tribunal President, Mr Justice McCloskey.  Read more...

Duncan Lewis:Public Law

Conflict prone binary thinking:the Home Office’s obsession with detaining asylum seekers (9 March 2015)

Since the late 1980s, as the overall number of asylum-seekers has risen the U.K has responded with an increasingly restrictive policy of deterrence.   Read more...

Duncan Lewis:Public Law

Administrative Court Judgment - Dublin II Regulation: The French ‘Priority Procedure’ & Risk of Refoulement. (11 February 2015)

R (oao) AI v The Secretary of State for the Home Department [2015] EWHC 244 (Admin) (09 February 2015) - This case concerns the decision of the Secretary of State for the Home Department to return the claimant to France, despite being made aware of numerous deficiencies within the French ‘Priority Procedure’; the equivalent to the Detained Fast Track procedure of the United Kingdom.  Read more...

Duncan Lewis:Public Law

Looking Beneath the Surface: Identifying the Victims of Modern Slavery (28 January 2015)

Slavery has existed since the birth of civilization and pre-dates any written record.   Read more...

Duncan Lewis:Public Law

Looking Beneath the Surface: Identifying the Victims of Modern Slavery (28 January 2015)

Eleri Haf Davies of the Duncan Lewis Public Law team examines the global issue of human trafficking drawing on the example of the "Football Slave Trade".  Read more...


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