Public Law Solicitors

In Chowdhury v United Kingdom, under Rule 39 of the Rules of Court, the European Court of Human Rights (ECtHR) has decided to indicate to the Government of the United Kingdom that the Applicant should not be removed for the duration of the proceedings before the Court.

This is a notable decision as a very small percentage of Rule 39 applications are granted by the ECtHR. Only two applications against the United Kingdom have been granted in the two years between 2015 and 2017.

History of the Case

In this case, the Applicant was accepted by the First-Tier Tribunal to be a gay man, who was held to have a subjective fear of persecution. However, the First-Tier Tribunal was not satisfied that the Applicant had established that he would be at real risk of persecution on return to Bangladesh.

Alea Begum of Duncan Lewis prepared further submissions for the Applicant on the grounds that he would be at risk were he to be removed to his home country. These submissions were refused by the by the Secretary of State for the Home Department (SSHD).

Duncan Lewis then represented the client in a judicial review application against the SSHD’s refusal of further submissions. The Upper Tribunal and Court of Appeal denied the Applicant permission to challenge this decision by the SSHD and refused interim relief.

The Applicant was detained by the Home Office, and directions were set for his removal to Bangladesh.

Duncan Lewis acted on a pro bono basis to make a Rule 39 application to the ECtHR. In response, the Court granted the Applicant interim relief to prevent his removal from the United Kingdom.

The Applicant’s removal has since been deferred by the Home Office, and he has been released from immigration detention. Duncan Lewis continue to act for the Applicant in his substantive case before the ECtHR.

Representation

The Applicant is represented by Ahmed Aydeed, Javeria Ijaz, Farhan Ahmad and Karen Staunton. Samantha Knights QC of Matrix Chambers and Ali Bandegani of Garden Court Chambers are instructed as counsel.

Duncan Lewis Public Law

Our Public Law team specialises in all immigration judicial review matters and costs litigation; Unlawful immigration detention cases with high net claims for damages; prison law claimants; immigration removal cases. We carry out both publicly and privately funded work.

The firm continues to be recommended by Legal 500, with the Public Law department previously recommended for its depth of experience in immigration and civil liberties challenges and is acknowledged as having a "stellar reputation in handling test cases". The Legal 500 2017 edition applauds the firm for its specialism in judicial review and Court of Appeal Cases. The Public law team is well established and known by the Legal Aid Agency, the Courts, and the Treasury Solicitor. Duncan Lewis have experience in all aspects of judicial review claimant work, including obtaining emergency orders and other interim relief to prevent breaches of human rights, following up judicial reviews with actions for damages in both the County and High Court and successfully pursuing judicial review matters to the Court of Appeal and Supreme Court.