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Public Law News
Supreme Court unanimously uphold clients were detained unlawfully and entitled to damages under domestic law (27 November 2019)
The Supreme Court has upheld that individuals detained unlawfully under Articles 28 and 2(n) of the Dublin III Regulations and may be entitled to damages. Read more...
Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’ (20 November 2019)
On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights. Read more...
Public law director James Packer to give specialist training for the Immigration Law Practitioners’ Association (14 November 2019)
James Packer will be providing specialise training on immigration cases in the Court of Appeal and litigation funding by Conditional Fee Arrangements (CFA) and Damages Based Agreements (DBA). Read more...
Brook House – Public Inquiry announcement (6 November 2019)
Secretary of State for the Home Department, Priti Patel, announces that the PPO investigation into the abuse of detainees at Brook House immigration removal centre has been converted to a statutory public inquiry. Read more...
Legal prospects available for Windrush clients with children born outside the UK (23 October 2019)
If your lawful settled status was recognised under Windrush, but your application for citizenship was refused, we may also be able to help. Read more...
Public law director Ahmed Aydeed wins the Marsh Award at the Human Trafficking Foundation’s Anti-Slavery Day Awards (17 October 2019)
Success for public law director Ahmed Aydeed who wins the Marsh Award at the Human Trafficking Foundation’s Anti-Slavery Day Awards Read more...
Public law director Ahmed Aydeed provides ILPA training on trafficking and modern slavery (15 October 2019)
Birmingham-based public law director Ahmed Aydeed provided training a the Immigration Law Practitioners' Association (ILPA) trafficking and modern slavery training session. Read more...
R oao IS (Bangladesh) v Secretary of State for the Home Department (15 October 2019)
Today, the High Court ruled that our client was unlawfully detained for almost five months of the total 28 months that he was held in immigration detention, breaching his rights under Article 5 European Convention of Human Rights (ECHR). The Court also found that the 75 days that our client was under constant suicide watch breached his Article 8 ECHR rights to privacy. Read more...
Public law solicitor Sulaiha Ali is shortlisted for the Outstanding Achievement in Law at the GG2 Leadership Awards (3 October 2019)
Public law solicitor Sulaiha Ali has been shortlisted for the Outstanding Achievement in Law award at this year's GG2 Leadership Awards, the premier awards in the UK for diversity and leadership. Read more...
Solicitor Lewis Kett is shortlisted for the Rising Star Award at the British Legal Awards 2019 (1 October 2019)
We are pleased to announce that public law solicitor Lewis Kett has been shortlisted for the Rising Star – Private Practice Award at this year’s British Legal Awards. Read more...
Public law and immigration solicitor Hannah Baynes is shortlisted for ECPAT UK Children’s Champion Award (26 September 2019)
Hannah Baynes is shortlisted for ECPAT UK Children's Champion Award 2019 in recognition of the work she has done for child victims of trafficking. Read more...
Ahmed Aydeed is shortlisted for ECPAT UK’s 2019 Children’s Champion Award (26 September 2019)
Public law director Ahmed Aydeed is shortlisted for ECPAT UK’s 2019 Children’s Champion Award in recognition of the commitment he has shown to children who are victims of trafficking in the UK Read more...
Ethiopian asylum seeker dies after being denied cancer treatment by the Home Office (26 September 2019)
We are saddened to learn that our client Ms Kelemua Mulat, an Ethiopian asylum seeker who was detained potentially life-saving cancer treatment by the Home Office as a result of their flawed policy on charging overseas visitors for NHS care, has died aged 39. Read more...
R (BG (ALBANIA)) v SSHD – Settlement Outcome (19 September 2019)
Successful settlement outcome for our client who has received a positive Conclusive Grounds decision under the NRM and has been formally recognised as a confirmed victim of human trafficking. Read more...
Public law director Ahmed Aydeed is shortlisted at the Anti-Slavery Day Awards 2019 (11 September 2019)
We are delighted to announce that public law director Ahmed Aydeed has been shortlisted for the Outstanding Contribution to the Fight Against Slavery award in the Enabling and Supporting Survivors’ Rights and Entitlements category at this year’s Anti-Slavery Day Awards. Read more...
Public law director Bahar Ata wins the Legal Expert Award at the CILEx National Awards 2019 (6 September 2019)
We are delighted to announce that our Luton-based public law director Bahar Ata is the winner of the Legal Expert Award at this year’s CILEx National Awards. Read more...
Waging Peace together! (19 August 2019)
Members of the Duncan Lewis Public Law department in both Birmingham and Harrow offered pro bono advice to Sudanese asylum seekers at the Waging Peace clinic in Bradford Read more...
Duncan Lewis Solicitors provided pro bono advice to Sudanese asylum seekers at the Waging Peace Legal Surgery in Bradford (16 August 2019)
Continuing on from last year’s success, Duncan Lewis’ Public Law teams at Birmingham and Harrow collaborated with Waging Peace to organise a legal surgery for members of the Sudanese community in Bradford on 12th July 2019. Read more...
Duncan Lewis’ Birmingham Public Law team invited to speak at the Human Trafficking Foundation Advisory Forum (7 August 2019)
On Monday 15 July, Birmingham-based public law director Ahmed Aydeed and caseworkers Karen Staunton and Harvey Slade attended a meeting of the Human Trafficking Foundation’s Advisory Forum. Read more...
Duncan Lewis Solicitors’ Public Law team join the taskforce on victims of human trafficking in immigration detention (31 July 2019)
Duncan Lewis’ Public Law team was invited to join a taskforce of eleven expert organisations in order to seek an end to the detention of victims of human trafficking and to advocate vital changes to government practice and policies regarding this issue. Read more...
Duncan Lewis Solicitors shortlisted for five awards at The Law Society Excellence Awards 2019 (29 July 2019)
We are thrilled to announce that Duncan Lewis Solicitors has been shortlisted for five awards at this year’s Law Society’s prestigious Excellence Awards, the highest accolade for law firms in England and Wales. Read more...
Raja Rajeswaran Uruthiravinayagan wins Legal Aid Lawyer of the Year – Public Law at Legal Aid Lawyer of the Year Awards 2019 (11 July 2019)
We are thrilled to announce that public law solicitor Raja Rajeswaran Uruthiravinayagan has won the Legal Aid Lawyer of the Year – Public Law award at this year’s Legal Aid Lawyer of the Year Awards (LALY). Read more...
Shalini Patel to appear on BBC Radio 4 Woman’s Hour (8 July 2019)
Public law solicitor Shalini Patel will be speaking on BBC Radio 4’s Woman’s Hour on Tuesday (9th July) alongside Gemma Lousley from Women for Refugee Women (WFRW). Read more...
Ahmed Aydeed gives evidence at the Home Affairs Committee’s Inquiry into Modern Slavery (2 July 2019)
Public law director Ahmed Aydeed has been invited to give oral evidence at the Home Affairs Committee’s Modern Slavery Inquiry in the House of Commons in Westminster. Read more...
Home Office concedes that their 45 day policy for providing support for victims of trafficking is unlawful (28 June 2019)
Our clients NN and LP have settled their claims with the Secretary of State after the Home Office conceded that their policy - which allows identified victims of trafficking to receive support for only 45 days following a conclusive grounds decision - is incompatible with the European Convention on Human Trafficking (ECAT). Read more...
Home Office fail to correctly identify a victim of trafficking resulting in over five months' unlawful detention (28 June 2019)
Our client NN, was unlawfully detained by the Home Office for over five months after they failed to identify him as a victim of trafficking, and mistook him for another man who had been deported years previous Read more...
For the second year running Public Law Director Bahar Ata is shortlisted for the Legal Expert Award at the CILEx National Awards (24 June 2019)
We are proud to announce that Public Law Director, Bahar Ata, has been shortlisted for the Legal Expert Award at the CILEx National Awards 2019. Read more...
Duncan Lewis Solicitors partner with Amnesty UK for special theatre production for Refugee Week (20 June 2019)
Duncan Lewis’ Public Law department have collaborated with Amnesty UK Children’s Human Rights Network to present a special showing of Phosphoros Theatre’s show; ‘Pizza Shop Heroes’ at Amnesty International UK on Monday, 24th June. Read more...
High Court declares Home Secretary’s investigation into immigration detention abuse at Brook House inadequate (14 June 2019)
In a landmark judgment handed down on Friday 14 June 2019, the High Court has declared that a proposed Prisons and Probation Ombudsman (PPO) investigation instigated by the Home Secretary into serious mistreatment and abuse of detainees at Brook House Immigration Removal Centre (IRC), by officers of the private security firm G4S, is inadequate and lacks the powers to comply with the UK government’s investigative duties under Article 3 of the European Convention on Human Rights (the right not to be subjected to inhuman and degrading treatment). Read more...
High Court to determine legality of Home Office proposed inquiry into immigration detention abuse (13 June 2019)
The High Court is likely to hand down an important judgment tomorrow, Friday 14 June 2019, on whether the Home Office is meeting their duties to hold an effective investigation into the serious mistreatment and abuse of detainees at Brook House Immigration Removal Centre (IRC) Read more...
Duncan Lewis Solicitors shortlisted for two awards at Legal Aid Lawyer of the Year Awards 2019 (30 May 2019)
We are thrilled to announce that two of our Harrow based public law lawyers have been shortlisted at this year’s Legal Aid Practitioners Group Legal Aid Lawyer of the Year (LALY) Awards. Solicitor Raja Uruthiravinayagan is shortlisted for the Legal Aid Lawyer of the Year – Public Law award, and trainee solicitor Maria Petrova-Collins is up for the Legal Aid Newcomer award. Read more...
Ahmed Aydeed speaks at Matrix Chambers’ Trafficking and Modern Slavery Seminar (28 May 2019)
Public law director Ahmed Aydeed was invited to speak at Matrix Chambers’ Trafficking and Modern Slavery Seminar in London on Wednesday 22nd May at the Goldsmiths’ Centre. Read more...
The Times’ Lawyer of the Week: Public Law Solicitor Sulaiha Ali (16 May 2019)
We are proud to announce that Public Law Supervisor and Solicitor Sulaiha Ali based in our Harrow office, has been named The Times’ Lawyer of the Week for her WW case. Read more...
Compulsory training for Home Office after flawed understanding of Humanism (15 May 2019)
Our client Hamza Bin Walayat previously claimed asylum on the basis that he would be persecuted and killed in Pakistan for his belief in Humanism. The Home Office rejected his claim on the grounds that he could not identify Plato and Aristotle as humanists. Following the international attention drawn to his case, Mr Bin Walayat instructed Duncan Lewis to assist him in submitting a new asylum claim which has now been successful. Read more...
The Upper Tribunal have ordered the SSHD to return our client to the UK after ruling that he could not have an effective human rights appeal from Jamaica (7 May 2019)
In what is believed to be the first successful case of its kind, Mr Justice Lane and Upper Tribunal Judge O’Connor have directed the Secretary of State for the Home Department (SSHD) to fund and facilitate the return of our client (WW) to the United Kingdom, in circumstances where he had been denied the opportunity to obtain the ‘best evidence’ relating to the best interests of his British children in his human rights appeal. Read more...
FAM v SSHD: Duncan Lewis Solicitors granted permission to challenge imposition of bail conditions on individuals that cannot be lawfully detained (30 April 2019)
A client of Duncan Lewis Solicitors has been granted permission to challenge the continued imposition of conditional bail against him in circumstances where he can be neither lawfully removed nor lawfully detained pending the outcome of various investigations and civil proceedings into abuse and mistreatment he suffered in immigration detention. Read more...
Duncan Lewis Solicitors Granted Permission to proceed with Brook House Lock-in Challenge (24 April 2019)
Three Duncan Lewis clients have been granted permission by the High Court to challenge the conditions and regime they were held in at Brook House immigration removal centre (IRC), a centre for immigration detainees but designed to Category B prison standards. These conditions include locking detainees in their cells for up to 13 hours overnight in conditions the Claimants say are unsanitary, poorly ventilated and which breach their rights to observe their religion. Read more...
Challenging disability discrimination: the legal implications of RS after the Administrative Court grants permission to apply for Judicial Review (28 March 2019)
In an Order issued on 25 March 2019, the Administrative Court of Justice held that it is arguably unlawful for a local authority to require a person with permanent and significant non-physical disabilities to attend a mobility assessment as a mandatory pre-requisite for determining their eligibility for a disabled parking badge (Blue Badge). Read more...
Duncan Lewis’ challenge to £1 per hour wages for immigration detainees dismissed by High Court: to appeal in pursuit of fair pay (27 March 2019)
Mr Justice Murray, in the High Court, has on 26 March 2019 dismissed our clients’ Judicial Review claims challenging the decision of the Secretary of State for the Home Department to pay immigration detainees £1 per hour for work carried out while in detention. Our clients are understandably very disappointed by this decision. We continue to be of the view that this policy is unlawful and will be seeking permission to appeal this decision to the Court of Appeal. Read more...
Bahar Ata visits HMP Peterborough discussing foreign national detainee’s rights under the UN refugee convention (21 March 2019)
Director of immigration and public law, Bahar Ata, based in Luton, was invited to attend HMP Peterborough to speak with detainees who are subject to immigration proceedings. Read more...
Duncan Lewis challenges Home Office’s failure to provide support and assistance to trafficking victims (14 March 2019)
Duncan Lewis is launching a challenge against the Home Office for refusing to make decisions on whether to grant discretionary leave to victims of trafficking with outstanding asylum claims, and for limiting support for victims of trafficking to 45 days after a final decision is made that they are victims of trafficking. The challenge is being led by public law director, Ahmed Aydeed, and concerns a number of vulnerable clients that have instructed us. Solicitor Heather Malunga and caseworkers Karen Staunton and Harvey Slade are also assisting with this challenge. Chris Buttler of Matrix and Miranda Butler of Garden Court chambers are instructed as Counsel. Read more...
Challenging ultra vires acts: the legal implications of KA after the Court of Appeal grants permission to appeal (11 March 2019)
In the case of R (on the application of KA and another) v Secretary of State for the Home Department (ending of Kumar arrangements) [2018] UKUT 00201 (IAC) the Upper Tribunal (UT) held, in a decision dated 13 June 2018, that the Kumar arrangements would end for all Judicial Review claims filed in the UT on or after 1 January 2019. This means that, in respect of any such claim, the Secretary of State for the Home Department (SSHD) will have 21 days to file and serve an Acknowledgment of Service (AoS) as mandated by the Procedure Rules, instead of the more generous time frame of 42 days accorded by the Kumar arrangements. Read more...
Duncan Lewis’ client, a Sudanese victim of trafficking, has case referred to the Court of Appeal by the Criminal Cases Review Commission (4 March 2019)
GB, the appellant in this case, has a complex immigration history, which ultimately saw her arrested in 2008 after she tried to board a flight from Gatwick airport to Canada with a false passport. Despite presenting with a number of indicators that she was a victim of trafficking, she was convicted of an offence under section 25(1)(a) of the Identity Cards Act 2006 and she is now in the process of appealing the conviction. On 1 March, the Criminal Cases Review Commission has referred GB’s case to the Court of Appeal with the belief that the court will quash her conviction. Read more...
Chinese victim of trafficking released from detention: where were the safeguards when our client needed them? (28 February 2019)
The day before our client’s case was listed at the High Court, the Home Office conceded that they had unlawfully detained her for 6 months. Her immigration history in the UK displayed clear indicators of trafficking and abuse; despite this she was held in immigration detention to the detriment of her mental and physical health. So what went wrong? Read more...
Duncan Lewis shortlisted for Private Client Team of the Year at the inaugural Wales Legal Awards (26 February 2019)
We are thrilled to announce that Duncan Lewis’ Cardiff based Immigration and Public Law team have been shortlisted for Private Client Team of the Year at the first Wales Legal Awards. Read more...
Duncan Lewis Solicitors attended Human Rights and Social Justice Event at University of Law (10 February 2019)
Director Ahmed Aydeed and caseworker Maria Poleo, both of our Immigration and Public Law department based in Birmingham, were invited to speak at the University of Law’s Human Rights and Social Justice Careers Evening held on 6 February. Read more...
Duncan Lewis Solicitors’ Public Law and Immigration Director Trevor Hatton judicially appointed to the First-tier Tribunal of the Immigration and Asylum Chamber (5 February 2019)
Duncan Lewis is pleased to announce that Director of Public Law and Immigration, Trevor Hatton has been appointed as a fee-paid judge at the First-tier Tribunal of the Immigration and Asylum Chamber (FtTIAC). Read more...
Regulations to create backdating power made in response to litigation by Duncan Lewis (1 February 2019)
The Civil Legal Aid (Procedure) (Amendment) Regulations 2019 were laid before Parliament on 30 January 2019 by the Government. As of 20 February 2019, the legal aid regulations will confer a discretionary power on the Legal Aid Agency to backdate legal aid determinations to the date on which an application for funding or an amendment to an existing certificate was made. Read more...
Clients granted permission to challenge the lack of safeguards for people held in prison under immigration powers (1 February 2019)
The High Court has granted clients of Duncan Lewis Solicitors permission to challenge the lack of safeguards in place to identify vulnerable people held in prison under immigration powers. The Secretary of State for the Home Department and the Secretary of State for Justice are defendants in this claim. Read more...
Brook House Inquiry: High Court orders hearing to determine whether Home Office’s inquiry into detention centre abuse will comply with human rights (31 January 2019)
Today, on 31 January, the High Court ordered a two day hearing for early May 2019 to consider whether the Home Office’s proposed inquiry into abuse and mistreatment of detainees at the G4S-run Brook House Immigration Removal Centre will comply with Article 3 of the European Convention on Human Rights (the right not to be subjected to inhuman and degrading treatment). Read more...
Dubs Amendment: High Court finds Home Office unlawfully failed to publish policy and breached its duty of candour (22 January 2019)
The High Court has today handed down judgment in the case of R (ZS) v Secretary of State for the Home Department [2019] EWHC 75 (Admin). This claim challenged the Home Office’s failure to implement the so-called ‘Dubs Amendment’, s. 67 of the Immigration Act 2016, which required the Secretary of State to make arrangements to transfer asylum-seeking children from Europe. This power was used to transfer a number of children from the Calais ‘Jungle’ camp in late 2016. ZS was one of the children considered for transfer at that time but he was refused for failing to meet the criteria set by the Home Office, despite significant vulnerabilities. Read more...
Public Law’s Jeremy Bloom speaks at the Young Legal Aid Lawyers meeting discussing Duncan Lewis’ LAA Challenges (15 January 2019)
On 9th January 2019, Jeremy Bloom was invited to speak at 39 Essex Chambers at the Young Legal Aid Lawyers (YLAL) meeting, 'Litigating for Justice: Challenging the Legal Aid Agency'. Read more...
Recovering costs in a hostile environment post-AL (Albania) (7 January 2019)
On 22 June 2018, we published an article regarding the Court of Appeal’s judgment in AL (Albania) v SSHD [2018] EWCA Civ 1183 which confirmed that public funding was being sought to challenge the Court of Appeal’s decision in the Supreme Court. The purpose of the following article is to provide an update, especially in view of the fact that this case has profound implications for the future of publicly funded cases, in particular those involving vulnerable asylum-seeking children. Read more...