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Public Law News
Extension of time – Court of Appeal – Delay – Legal Aid – When to lodge an application for extension of time? (11 December 2015)
Judgment was handed down in the Court of Appeal in the matter of The Queen on the application of Frank Kigen and Janet Cheruiyot –v SSHD on Friday 11 December 2015. The matter came before Lord Justice Moore-Bick, Lord Justice Simon and Lord Justice Davis on 28 October 2015. Shalini Patel of Duncan Lewis Solicitors has conduct of this matter. Althea Radford of 1 Pump Court Chambers is instructed counsel. Read more...
MA (Sudan) Granted Permission to Appeal by the Court of Appeal (7 December 2015)
The Case of R (MA (Sudan)) v SSHD C4/2015/1539 has recently been granted permission to appeal by the Court of Appeal. In the Administrative Court it was referred to as R on the application of MA v SSHD [2015] EWHC 1354. This Article will focus on the issues surrounding Rule 35 reports and the lawfulness of detention, however this case also considered the removal of MA separately from his wife and the certification of asylum and human rights claims. Read more...
Duncan Lewis represented TY (Sri Lanka) in the Court of Appeal: Whether Asylum and Human Rights Grounds can be raised in EEA Appeals (19 November 2015)
The matter was heard by a coram of the court consisting of Jackson, Black and Brigs LJJ on the 3rd November 2015. The judgment was reserved. Read more...
Duncan Lewis Immigration Public Law Director James Packer receives Chambers UK 2016 Leading Lawyer in his Field recommendation (3 November 2015)
Duncan Lewis Solicitors is pleased to announce that Director James Packer has been recognised by Chambers UK 2016 as a Leading Individual for his Immigration Human Rights work in London for the third consecutive year. Read more...
Duncan Lewis Immigration Public Law Director Toufique Hossain receives Chambers UK 2016 Leading Lawyer in his Field recommendation (3 November 2015)
Duncan Lewis Solicitors is pleased to announce that Director Toufique Hossain has been recognised by Chambers UK 2016 as a Leading Individual for his Immigration Human Rights work in London for the third consecutive year. Read more...
Duncan Lewis Immigration Public Law Director James Packer receives Chambers UK 2016 Leading Lawyer in his Field recommendation (3 November 2015)
Duncan Lewis Solicitors is pleased to announce that Director James Packer has been recognised by Chambers UK 2016 as a Leading Individual for his Immigration Human Rights work in London for the third consecutive year. Read more...
Duncan Lewis Solicitors’ Jamie Bell to speak at the ACAA Conference 2015 (16 October 2015)
Duncan Lewis Public Law Trainee Solicitor Jamie Bell will be speaking at the the Afghanistan and Central Asian Association (ACAA) conference on 19th October 2015. Read more...
Duncan Lewis wins an unlawful detention case involving a victim of torture in which the Judge describes the Home Office as utterly unreasonable and truly disgraceful (12 October 2015)
Set against Theresa May’s speech at the Conservative Party Conference on addressing asylum seekers and human rights lawyers who “frustrate” their cause, this case provides a salutary reminder as to the reality of the treatment meted out by this government to vulnerable people seeking protection, wholly at odds with the image and ideals projected by Ms May. Read more...
Duncan Lewis wins an unlawful detention case involving a victim of torture in which the Judge describes the Home Office as utterly unreasonable and truly disgraceful (12 October 2015)
Set against Theresa May’s speech at the Conservative Party Conference on addressing asylum seekers and human rights lawyers who “frustrate” their cause, this case provides a salutary reminder as to the reality of the treatment meted out by this government to vulnerable people seeking protection, wholly at odds with the image and ideals projected by Ms May. Read more...
Duncan Lewis wins an unlawful detention case involving a victim of torture in which the Judge describes the Home Office as utterly unreasonable and truly disgraceful (12 October 2015)
Set against Theresa May’s speech at the Conservative Party Conference on addressing asylum seekers and human rights lawyers who “frustrate” their cause, this case provides a salutary reminder as to the reality of the treatment meted out by this government to vulnerable people seeking protection, wholly at odds with the image and ideals projected by Ms May. Read more...
Duncan Lewis successful in High court Unlawful Detention case in relation to Ethiopian national (23 September 2015)
Duncan Lewis were successful in the Unlawful Detention case of an Ethiopian national and failed asylum seeker in Malta who was found to be unlawfully held in Immigration detention for seven weeks pending deportation. Read more...
Duncan Lewis ranked Legal 500 2015 leading law firm in Administrative & Public Law with Judicial Review Specialists Toufique Hossain and James Packer recommended (21 September 2015)
Duncan Lewis are pleased to announce that they have been ranked as a leading law firm by the Legal 500 2015 in the practice areas of Administrative & Public Law with Judicial Review specialists James Packer and Toufique Hossain individually recommended Read more...
Deport First Appeal Later – Duncan Lewis granted permission to apply for Judicial Review to challenge new certification provisions of deportation decisions (1 September 2015)
Duncan Lewis Solicitors have been granted permission to apply for Judicial Review to challenge the use of the new certification provisions under Section 94B of the Nationality, Immigration and Asylum Act 2002, as introduced by the Immigration Act 2014 to prevent a Nigerian man from challenging his deportation order from the UK. Read more...
Duncan Lewis Solicitors obtain unprecedented generic injunction from the Court of Appeal in relation to removals to Afghanistan. (24 August 2015)
Duncan Lewis Solicitors obtain unprecedented generic injunction from the Court of Appeal in relation to removals to Afghanistan. A significant portion of those due to removed on charter flight on 25 August 2015 have been granted a stay on their removal. Read more...
Representation before the Court for Contempt (7 August 2015)
In this article Duncan Lewis Public Law Director Adam Tear discusses the topic of Representation before the Court for Contempt. Read more...
Duncan Lewis Public Law Director Adam Tear shortlisted for the Law Society Solicitor Advocate of the Year Excellence Award for the third consecutive year (6 August 2015)
Duncan Lewis Solicitors are pleased to announce that Director of Public Law Adam Tear has been nominated for the Law Society Solicitor Advocate of the Year Excellence Award for the third consecutive year running. Read more...
Inter-Party Costs: A long and winding road to recovery (21 July 2015)
Many would believe that the conclusion of a case occurs when its’ purpose has been resolved successfully or unsuccessfully. However, the issue of costs can sometimes be as complex as the matter itself. Read more...
Duncan Lewis Public Law Director Toufique discusses the Suspension of Home Office Fast Track Detention on RT News (16 July 2015)
Duncan Lewis Public law Director Toufique Hossain spoke to Afshin Rattansi on RT News Going Underground about the suspension of the Home Office’s fast-track detention program on RT News Going Underground on the 15th July 2015. Read more...
Home Office Defeated at High Court Over Fast Track Detention Process (3 July 2015)
It was declared at the High Court today that the Home Office’s treatment of four vulnerable detainees through the Fast Track Detention process was unlawful. Read more...
Current Detained Fast Track Immigration System to be Suspended (2 July 2015)
Today the Government announced in a statement to Parliament that the Detained Fast System is to be suspended owing to the risk of unfairness to vulnerable applicants. Read more...
Duncan Lewis Successfully Represents Claimant Unlawfully Detained in Prison under Immigration Powers (2 July 2015)
Legal 500 “Top Tier” firm Duncan Lewis Solicitors have successfully represented a Claimant who had been detained for over two years in prison under immigration powers. Read more...
Judge held that decisions of the Legal Aid Agency to refuse to grant Exceptional Case Funding to a vulnerable St. Lucian woman were clearly flawed (23 June 2015)
Duncan Lewis represented a Claimant who was refused Exceptional Case Funding (ECF) for an Article 8 appeal. In her decision, the Judge forced the Legal Aid Agency (LAA) to reconsider their decisions to refuse ECF, and the LAA has since granted ECF to cover our client’s ongoing appeal proceedings. Read more...
High Court rules that Home Office Delays in Issuing EU Documentation Unlawful in landmark Duncan Lewis test case (12 June 2015)
There is good news for those forced to wait for lengthy periods of time for the Home Office to issue applicants with EU documentation confirming their right to reside in the UK. Read more...
Legal Aid in the Courts for Contempt - Brown v The London Borough of Haringey [2015] EWCA Civ 483 (9 June 2015)
The underlying essence of this article is that legal aid is available by different routes on a means and merits free basis, in all higher civil courts. In the lower civil courts, legal aid is provided on the basis of merits, but no means tests. In the criminal courts, it is provided in the Crown Court and Magistrates on a merits and means test, on the standard basis. Read more...
Judgment Reported in Duncan Lewis Iran Social Media Immigration Human Rights Case (20 May 2015)
Judgment has been reported in the case of AB and Others Iran [2015] UKUT 0257 (IAC) where Duncan Lewis represented the claimant who is an Iranian citizen seeking asylum in the UK due to risks to his person if he was removed back to Iran. Read more...
Duncan Lewis challenge legality of SSHD’s interpretation of the published policy relating to Discretionary Leave (8 April 2015)
The case of SB & ABD (A MINOR) sought to challenge the legality of the Secretary of State^s historical and ongoing failure to grant the Applicants further Discretionary Leave to remain in the United Kingdom, after the first Applicant had previously been granted three years of Discretionary Leave in this country. Read more...
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. Read more...
Duncan Lewis Public Law Solicitor Toufique Hossain features on Channel 4’s “Serious self-harm soars at Harmondsworth since 2012” Report (11 March 2015)
Duncan Lewis Public Law Director 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. Read more...
Claimant’s Duty of Candour and Disclosure in Judicial Review Proceedings (9 March 2015)
The Claimant is subject to a continuing duty to make a full and frank disclosure when making a claim for Judicial Review. This duty is broad and the Court will put faith in the Claimant to inform the Court of all material facts known to them. Read more...
Duncan Lewis Challenging Home Secretaries Afghanistan Removals Policy (9 March 2015)
Duncan Lewis Solicitors are challenging the continuing policy of the Home Secretary to carry out removals to Afghanistan and are attempting to obtain interim relief to stop the charter flight scheduled for Tuesday 10 March 2015. Read more...
Looking Beneath the Surface: Identifying the Victims of Modern Slavery. Eleri Haf Davis talks about slavery in the 21st Century (24 January 2015)
Slavery has existed since the birth of civilization and pre-dates any written record. Historians trace the origins of slavery back to the Agricultural Revolution 11,000 years ago when our hunter-gatherer ancestors established social stratification. Slavery is responsive to demand and as can be seen over the millennia, it is continually adapting to exploit the ever-changing societal landscape. But despite the historical connotations wrought by the term ‘slavery’, contemporary forms of human exploitation are thriving in the age of globalisation Read more...
Deprivation, Desperation & Degradation – The Plight of Refugees in France (14 January 2015)
France is a country at the forefront of the European Union, a founding member of the United Nations, and home to more millionaires than any other nation aside from only the United States and the United Kingdom. That being said, thousands of individuals attempt to flee France every month in the hope of reaching the United Kingdom. Read more...
Hungary’s treatment of asylum seekers: leashes, handcuffs, torture and a breach of Article 3 ECHR? (8 January 2015)
An oral permission hearing took place before the Court of Appeal in the case of HK (Sudan) v The Secretary of State for the Home Department (C4/2014/2424) on 3rd November 2014. This was considered by the Court of Appeal to be the lead case concerning a Third Country challenge to the decision of the Secretary of State for the Home Department to remove our client to Hungary. Read more...