Duncan Lewis Public Law team achieve High Court success on behalf of client in R(Barizi) v Secretary of State for the Home Department [2023] EWHC 3491 (Admin) (23 April 2024)

The High Court has ruled in favour of our Claimant in R(Barizi) v Secretary of State for the Home Department [2023] EWHC 3491 (Admin), ordering their immediate release from immigration detention and provision of Schedule 10 accommodation

The Claimant had been issued a notice of liability for deportation in September 2011 and had cooperated with the Secretary of State's prolonged attempts to obtain an Emergency Travel Document (ETD) from the Algerian Embassy. However, despite efforts dating back to 2012, including rejections in 2017 and 2018, the Algerian authorities had been unable to identify the Claimant as an Algerian national.

The Claimant had been re-detained by the Defendant on 7 August 2023 and had been granted bail-in-principle by the First-tier Tribunal subject to the provision of accommodation. Despite the historic issues in securing an ETD, the Secretary of State refused to provide accommodation for him under Schedule 10 of the Immigration Act 2016 on the basis that he could prevent destitution, in breach of the Secretary of State’s duties under Article 3 ECHR, by voluntarily returning to Algeria. The Secretary of State argued that the Claimant was not taking reasonable steps to assist with the ETD process, despite a history of cooperation with the ETD process and the Defendant having independently obtained evidence of the claimed Algerian identity.

The Claimant urgently sought an interim relief order for his immediate release from immigration detention and placement into accommodation provided by the Defendant, the Secretary of State for the Home Department, under Schedule 10.

Following an interim relief hearing, the High Court ordered the Secretary of State for the Home Department to release the Claimant from immigration detention to Schedule 10 accommodation. Mrs Justice Ellenbogen DBE, accepted the Claimant’s submissions that the Secretary of State for the Home Department had failed to properly particularise the allegations against the Claimant that he could avoid destitution on release by voluntarily returning to Algeria or that the alleged lack of cooperation was in any way well founded or otherwise the reasons the Algerian authorities had refused to issue an ETD. In the circumstances, the judge concluded that a mandatory order was justified with accommodation to be provided within 10 days.

The judgment provides useful guidance on the circumstances in which it might be unreasonable for the Secretary of State to withhold the provision of Schedule 10 accommodation where it is alleged an individual is failing to cooperate with the ETD process.

The Claimant was represented by Lewis Kett and Dominic Chambers of the Public Law Department at Duncan Lewis Solicitors, instructing Alex Schymyck of Garden Court Chambers.

About the Team

Lewis Kett is a solicitor in the public law immigration department at Duncan Lewis, specialising in judicial review challenges, especially regarding immigration detention's lawfulness and conditions. He notably served as lead solicitor for the Duncan Lewis clients in the Brook House Public Inquiry, investigating detainee mistreatment in 2017, and helped lead the challenge against the Home Office's Rwanda deportation policy.

Dominic Chambers is a caseworker at Duncan Lewis, under the guidance of Lewis Kett in our public law team, specialising in judicial review claims with a focus on human rights. Before joining the firm in January 2023, he contributed to humanitarian efforts in the Balkans, including coordinating an aid project in Sarajevo, Bosnia, enhancing his expertise in human rights law.

For advice or assistance on a public law matter, contact Lewis Kett via email at LewisK@duncanlewis.com or by telephone at 02031141178.

Duncan Lewis Solicitors

Duncan Lewis has the leading public law and immigration practice in the UK. The team frequently takes on and successfully brings challenges in some of the most high profile cases in the UK, including in relation to the Rwanda plan and Manston House. The company was recently crowned Law Firm of the Year 2024 at the LexisNexis awards, and noted for its commitment to providing justice for all.

The immigration and public law department is expert in all aspects of human rights, asylum and deportation. It holds a distinguished position in leading bold public interest litigation, in challenging litigation and political conditions that frequently invoke common law, constitutional and human rights arguments.