Public Law News
Duncan Lewis involved in successful High Court Challenge to Home Office Policy on Detention of Victims of Torture (11 October 2017)
In a judgment handed down on the 10th October 2017, the Home Office was told that its policy regarding how it defines those who have suffered torture is unlawful, for the purposes of identifying those who are vulnerable and at risk in detention.. Read more...
Duncan Lewis Statement: Unauthorised Segregation in Immigration Detention found to breach Article 8 ECHR (2 August 2017)
Duncan Lewis Solicitors is pleased to announce that the High Court has handed down a ruling finding that the segregation of their client at Yarl’s Wood Immigration Removal Centre (IRC) was unlawful and in breach of Article 8 of the European Convention on Human Rights (ECHR). Read more...
Internal seminar by 7 Bedford Row Chambers (27 July 2017)
On the 5th July the Public Law & Immigration teams at Duncan Lewis Solicitors welcomed speakers Mr Clayton QC (Deputy High Court Judge), Mr Tim Meakin and Mr Chris Canning to the Harrow Office. Read more...
Duncan Lewis appoints Ahmed Aydeed as Director of Public Law (12 July 2017)
Duncan Lewis Solicitors is very pleased to announce the recent internal appointment of Ahmed Aydeed as Director of Public Law. He will oversee the company’s Public Law Judicial Review Claimant practice in Birmingham, Leicester & Milton Keynes. Read more...
Phillip Armitage interviewed on LBC Radio (12 July 2017)
Phillip Armitage was recently interviewed by Nick Ferrari on LBC Radio about the £1 an hour wages in immigration detention centres shortly after Baroness Williams defended the work as "entirely voluntary". Read more...
The £1 an hour IRC Challenge (10 July 2017)
We were pleased to see that Baroness Hamwee raised the issue of immigration detainees working for £1 an hour in immigration removal centres (IRCs) in the House of Lords. This follows the recent Guardian article that reported on our group litigation challenging this. Read more...
Locum doctors and nurses succeed in overturning unfair tax rule (1 June 2017)
Two unions representing locum doctors, nurses and allied healthcare professionals have today succeeded in overturning a new tax rule imposed by NHS Improvement (NHSI) that risked thousands of agency workers leaving the NHS. Read more...
Locked-in Limbo: The Continued Detention of Stateless Persons (24 May 2017)
“The waiting is the worst part of detention. It’s like you don’t have any control any more, you just sit and wait. You wait for someone else to tell who you are and what is your country.”. Read more...
Alex Peebles joins Duncan Lewis Solicitors (25 April 2017)
Duncan Lewis Solicitors welcomes solicitor Alex Peebles to the Public Law team. Read more...
DUNCAN LEWIS SOLICITORS OFFERING FREE TRAINING SESSIONS – ADVANCE DECISIONS/ COURT OF PROTECTION (7 April 2017)
The Court of Protection is responsible for assisting people that no longer have the mental capacity to make decisions. It is the responsibility of the Court to ensure that vulnerable persons cannot be exploited, and those responsible for their welfare are assisting appropriately. Read more...
Duncan Lewis joins Refugees, Lawyers and Waging Peace in the Play 2 Remember Football Tournament 2017 (7 April 2017)
The first day of April was a beguilingly calm and beautiful spring day, with a warming sun and a fresh breeze, as we assembled on the fields of White City Tiger Turf, a tangled mass of sinewy limbs, chiselled jaw-lines, bulging calf muscles, and heavy brows; the crème de la crème of Duncan Lewis sporting talent. Read more...
Have you been subject to a search at the UK Border? It may have been unlawful (31 March 2017)
When entering the UK the UK Border Force retains the right to search persons they deem suspicious or believe to be carrying restricted or prohibited items under section 164 of the Customs and Excise Management Act 1979 (CEMA). Read more...
Nicholas Hughes discusses the legal implications of Brexit on ABN Radio (30 March 2017)
Public Law Caseworker Nicholas Hughes was invited to ABN radio to discuss the triggering of Article 50. Read more...
Duncan Lewis Solicitors appoints Rohena Wallace as Director of Public Law & Immigration and Zofia Duszynska as Director of Immigration (30 March 2017)
We are pleased to announce the appointments of Rohena Wallace as Director of Public Law & Immigration and Zofia Duszynska as Director of Immigration. Read more...
All Hands on Deck: May Calls for Unity after the Triggering of Article 50 (30 March 2017)
‘We are one great union of people and nations with a proud history and a bright future’. So declared Theresa May in her statement to the Commons on Wednesday 29 March, the day the United Kingdom set sail, with the Union Jack flying high, into unchartered seas. Read more...
Public Law and Immigration Solicitor Eleri Haf Davies is shortlisted for “Rising Star” at the forthcoming Solicitors Journal Awards 2017 (23 March 2017)
Duncan Lewis Solicitors is pleased to announce that Cardiff based newly qualified Public Law & Immigration Solicitor Eleri Haf Davies is one of five individuals nationwide shortlisted for the Solicitors Journal “Rising Star” Award 2017. Read more...
Tumaco: Colombia's forgotten territory (14 March 2017)
Public Law Solicitor Eleri Haf Davies was invited by Colombia Caravana, a human rights activist group, to form part of a delegation determined to unearth the interlocking socio-economic and political web that has allowed this part of the world to fall to the hands of warring paramilitary forces. Read more...
The Punishment Room: Challenging the Abusive Use of Segregation in Immigration Detention (13 March 2017)
Pamela* had just had a shower and was still in her underwear, applying moisturiser, when the immigration officers came into her room to remove her from the UK. Our client refused to be taken to the airport, as she still had an outstanding application for leave to remain in the UK, so the officers tried to remove her by force, one grabbed her neck and head, pushing these down towards her chest and blocking her windpipe. ‘I was filled with fear and tried to get out of her grip,’ Pamela told us, ‘I kept telling her “I cannot breathe” but she continued to push my head towards my chest. Eventually I stopped trying to get out of her grip and fell to the floor’. Read more...
Merton Compliant Age Assessments (10 March 2017)
When an unaccompanied minor child enters the UK seeking asylum, some would have their age disputed by the authorities, and would have to be subject to an age assessment by the relevant Local Authorities. Normally, such referrals would be made by the Home Office before any decision can be taken on the asylum claims. Read more...
Ahmed Aydeed discusses the Dubs Amendment on ABN Radio (20 February 2017)
The Dubs Amendment, named after its key proponent Lord Dubs who was rescued, via the kindertransport network, from Nazi-occupied Czechoslovakia when he was six, legislated that the government would have to ‘make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee child from other countries in Europe’. Read more...
James Packer was invited on ABN Radio to discuss the Supreme Court ruling on Article 50 (26 January 2017)
James Packer appeared on ABN radio to comment on the legal and political implications, of the Supreme Court ruling which rejected the Government’s appeal in the Miller Case (the Brexit appeal).. Read more...
Duncan Lewis Solicitors appoints Bahar Ata as Director of Public Law & Immigration for Luton Office (19 January 2017)
Legal 500 “Leading Law Firm” Duncan Lewis are pleased to announce the appointment of Bahar Ata as Director of Public Law & Immigration for our Luton Office.. Read more...
Zambian born NHS nurse represented by Duncan Lewis is granted bail after being detained by the Home Office (19 December 2016)
On 16 November 2016 Dianne Ngoza, a Zambian national, was detained at Dallas Court Reporting Centre in Salford. She informed the Home Office that she had submitted a further leave to remain application which was received same day with proof, yet Ms Ngoza was detained. The Home Office’s position was that Ms Ngoza should be removed to the country of her origin, Zambia, as a result of residing in the UK illegally. Dianne had not been to her country in 22 years.. Read more...
Devilish Details: Detaining Victims of Torture (7 December 2016)
A short parenthesis in Government policy has resulted in the continued detention of hundreds of victims of torture. The policy requires caseworkers and medical practitioners to interpret torture according to the definition used in the United Nations Convention Against Torture (‘UNCAT’).. Read more...
James Packer was invited on ABN Radio this morning to discuss the Supreme Court decision to consider additional arguments in the ‘Brexit’ appeal (29 November 2016)
The wheels of justice may ordinarily grind slow, but they have been turning at an almost dizzying speed in the most important constitutional case in living memory.. Read more...
Duncan Lewis application results in High Court suspending restrictive definition of torture for immigration detainees (25 November 2016)
The High Court has ordered the Home Office to temporarily suspend the use of a restricted definition of torture in their new policy on immigration detention, following an application for interim relief by Duncan Lewis Solicitors.. Read more...
Duncan Lewis’ Eleri Haf Davies discusses her involvement with Caravana Colombia in an interview with ABN radio (22 November 2016)
Duncan Lewis’ Eleri Haf Davies was selected by the International Jurists, Colombia Caravana to take part in this year's delegation to Colombia. The Colombia Caravana was founded in 2008 after the National Colombian Association of Human Rights Lawyers (ACADEHUM) asked the international legal community to develop and implement an international programme of support for human rights lawyers working in Colombia. The Colombia Caravana UK Lawyers’ Group is now at the centre of an international network of jurists offering support to lawyers and other legal professionals in Colombia. . Read more...
Duncan Lewis' Eleri Haf Davies goes to TUMACO: Colombia's forgotten territory (8 November 2016)
In August 2016, Duncan Lewis’ Public Law Caseworker Eleri Haf Davies was invited to join the International Jurists Commission, Caravana Colombia, to undertake research into the human rights situation in Colombia. . Read more...
James Packer was invited on ABN Radio following the ruling on the 3rd November that Brexit cannot begin until Parliament agrees (7 November 2016)
“Brexit means… err….”. Read more...
James Packer appeared on ABN Radio to discuss Theresa May’s crackdown on so-called ‘Health Tourism’ (24 October 2016)
James Packer was invited on ABN Radio to discuss Theresa May’s recent remarks in parliament concerning pregnant women. In NHS hospitals, there are proposals that pregnant women are set to be forced to show their passports before receiving treatment. . Read more...
Safeguards needed to reduce risks to unaccompanied migrant children in Europe (18 October 2016)
The closure of the Calais migrant camp ‘the Jungle’ has received backing from the Children’s Commissioner for England, but the risks remain for unaccompanied children seeking refuge in the UK.. Read more...
Toufique Hossain spoke at Goldsmiths University Conference about developing Afghan protection claims to safeguard unaccompanied children (27 September 2016)
Recommended by Legal 500 2016 Edition as a ‘genuine star’ in his field, Toufique Hossain, Director of Public Law and Immigration at Duncan Lewis, spoke at the ^Uncertain Journeys^ conference at Goldsmiths University on Thursday 15th September. The conference covered new strategies and initiatives for the support of unaccompanied and separated children. Toufique spoke about last year’s legal work in stopping mass charter flights to Afghanistan and the current work in developing and preparing Afghan protection claims which may affect unaccompanied children. . Read more...
Duncan Lewis Solicitors representing “P” in Court of Protection against NHS bodies: Next hearing 15/9/2016 (14 September 2016)
Specialist Public law experts at Duncan Lewis Solicitors, will represent “P” in Court of Protection Proceedings on the 15/9/2016 against two NHS bodies. The legal team are assisted by Mr Lee Parkhill (of 4-5 Gray’s Inn Square Chambers, London) a barrister experienced in public law and Court of Protection matters. . Read more...
Duncan Lewis Solicitor Sabina Angeli won complicated Tribunal Appeal for an Afghan interpreter who claimed asylum in the UK (12 September 2016)
The recent Duncan Lewis judicial review case of MJE^s appeal led by lead solicitor Sabina Angeli saw the Tribunal accept the appeal of an Afghan asylum seeker who arrived in the UK to escape from life threatening circumstances he faced from the Taliban.. Read more...
Toufique Hossain speaking at Goldsmiths University Conference regarding migrant children (9 September 2016)
Accredited by the Law Society at 3(Advanced) of the Immigration and Asylum Accreditation Scheme, Duncan Lewis Immigration Director Toufique Hossain will be attending as a speaker the Conference on New strategies and initiatives for the support of unaccompanied and separated migrant children at the Goldsmiths University on Thursday 15th September.. Read more...
Duncan Lewis Public Law team returns from Germany as part of an ongoing challenge to reunite an unaccompanied Afghan asylum-seeking child with his family in the UK (8 September 2016)
Nicholas Hughes and Lewis Kett have recently returned from a visit to a refugee centre for unaccompanied minors in Germany, where they are helping to reunite a vulnerable Afghan child with his surviving family in the UK. This is in relation to a legal challenge against the UK Government for failing to accept responsibility on an expedited basis for the asylum application of the unaccompanied child, as per the Dublin III Regulation. The Home Office’s refusal to act means that the unaccompanied child will be stuck in Germany for many months, increasing the mental anguish suffered as a result of the journey to Europe and the separation from his family.. Read more...
Calais Update: Duncan Lewis continues its work on behalf of Afghan Interpreters (7 September 2016)
Solicitor Lewis Kett, in the Public Law Team at Duncan Lewis, is working with charity Refugee and Asylum Seeker Participatory Action Research (RAPAR) in assisting two former Afghan interpreters for the British army who are currently stranded in the Calais “Jungle” in France.. Read more...
The DAC litigation: what was achieved, and where to go from here (7 September 2016)
On 10 August 2016 the Court of Appeal handed down Judgment in the case of R (TH, ZA and MNK) v Secretary of State for the Home Department [2016] EWCA Civ 815 . Permission to appeal was refused, and it follows that the generic argument on the operation of the Detained Asylum Casework System advanced by the Appellants ends. The wider ramifications of this decision will have to be carefully considered in the light of individual case facts, but it will not necessarily prevent individuals from showing unfairness in terms of the application of rules 34 or 35, protected characteristics, prejudice or unlawful detention.. Read more...
A Member State of the European Union is not complying with its obligations under the Common European Asylum System (9 August 2016)
The recent Duncan Lewis judicial review case of Ibrahimi & Anor v The Secretary of State for the Home Department [2016] EWHC 2049 (Admin) led by the Instructing Solicitors Krisha Prathepan and Bahar Ata saw the High Court determine that a Member State of the European Union is not complying with its obligations under the Common European Asylum System and the return of asylum seekers to Hungary will result in significant breaches of protected human rights. . Read more...
Duncan Lewis Public Law Director Adam Tear shortlisted for Solicitor Advocate of the Year and Human Rights Lawyer of the Year 2016 (4 August 2016)
Legal 500 “Top Tier” law firm Duncan Lewis Solicitors are pleased to announce that Public Law Director Adam Tear has been shortlisted for Solicitor Advocate of the Year and Human Rights Lawyer of the Year 2016.. Read more...
Update on France Dublin II Test Challenges (3 August 2016)
The Court of Appeal (Underhill LJ) has now directed that AG (Sri Lanka) be listed together with AI (Sudan) as a rolled-up hearing. AG had applied for permission to appeal against the judgment of UTJ Coker refusing permission to Judicial Review following an oral hearing. Underhill LJ made it clear that the reason for not granting permission was not to do with the merits of the arguments. . Read more...
Duncan Lewis Immigration Director Toufique Hossain and assistant solicitor Rohena Wallace achieve Level 3 (Advanced) Immigration and Asylum Law Accreditation (26 July 2016)
Legal 500 law firm Duncan Lewis Solicitors are pleased to announce that Public Law Director Toufique Hossain and the assistant solicitor Rohena Wallace have achieved the prestigious Law Society Level 3 Immigration and Asylum Advanced Accreditation.. Read more...
Legal Aid Agency did not properly factor in the prospect of success when deciding whether Legal Aid should be granted through Exceptional Funding (11 July 2016)
A Duncan Lewis Judicial Review case - Applications for Permission CO/5927/2015 (The Queen on the application of Thompson v Director for Legal Aid) - saw the Director of Legal Aid refusing to grant exceptional case funding despite accepting that the Claimant had a ‘Moderate’ prospect of success. . Read more...
Duncan Lewis Public Law Director Adam Tear appointed as a Level 3 (Advanced) Assessor under the Law Society Immigration and Asylum Law Accreditation Scheme (14 June 2016)
Recommended by Legal 500 in 2015 for his significant expertise in Public Law and Immigration matters, Duncan Lewis Solicitors are pleased to announce that Director of Public Law Adam Tear has been appointed as a Level 3 (Advanced) Assessor in relation to the Law Society Immigration and Asylum Law Accreditation Scheme.. Read more...
Duncan Lewis Public Law Solicitor Kat Hacker delivers talk at the Law Society Being a Human Rights Lawyer Day (17 May 2016)
Duncan Lewis Public Law Solicitor Kat Hacker delivered a talk at the Law Society "Being a Human Rights Lawyer Day" on the 17th March 2015.. Read more...
Home Office Agree to Reconsider Policy after Afghan Interpreter Granted Asylum in UK (22 March 2016)
The Home Office are reviewing their country policy on the risks to Afghan interpreters after granting asylum to AR, a former military interpreter for international troops in Afghanistan.. Read more...
James Packer Interviewed on Nick Ferrari show discussing FGM Deportation Matter of Nine Year Old Schoolgirl (21 March 2016)
Legal 500 and Chambers & Partners recommended Public Law Director James Packer was interviewed on LBC^s Nick Ferrari show discussing the matter of a nine-year-old Sheffield schoolgirl facing deportation to Nigeria this month despite fears that she may be forced to submit to female genital mutilation (FGM). Read more...
HN (Afghanistan) V. Secretary of State for the Home Department- Hand down of Judgement (4 March 2016)
Today the Court of Appeal handed down judgment in HN (Afghanistan), dismissing the appeals of each of the Appellants. The generic stay on removal to Afghanistan imposed by Lord Justice Christopher Clarke granted in August last year will now be lifted.. Read more...
Pour & Ors v SSHD [2016] EWHC 401 - Judgement Handed Down (4 March 2016)
Judgment was handed down in the lead cases in relation to removals to Cyprus on 2 March 2016, in Pour & Ors v SSHD [2016] EWHC 401. The Claimants challenged return to Cyprus under the Dublin Regulations. Unfortunately Ouseley J dismissed the claims.. Read more...
What is Meant by Totally without Merit - Samia Wasif v SSHD 2016 EWCA Civ 82 (18 February 2016)
Duncan Lewis have received judgment in the test case in relation to TWM orders being made by the UT and HC. . Read more...
Record Sum of £40,000.00 Damages Paid by Home Office for Delay in Issuing EU Documentation (28 January 2016)
The Home Office has paid damages of £40,000.00 to a Claimant for the loss she suffered as a direct result of their unlawful delay in issuing documentation confirming her right to reside and work in the UK. . Read more...
Criminal Cases Review Commission’s (CCRC) discretionary powers (21 January 2016)
The Criminal Cases Review Commission (CCRC) is the statutory body set up in 1997 to investigate alleged miscarriages of justice in England Wales and Northern Ireland.. Read more...
