Public Law Solicitors

Duncan Lewis Solicitors has secured permission to challenge the Home Office's certification decision of a Nigerian asylum seeker fleeing the global criminal gang, the Black Axe.

This result was achieved despite a vigorous attempt by the Home Office to have the case dismissed due to a successful time extension request under the principles outlined in Mitchell v News Group Newspapers Ltd [2013] and Denton v White [2014], the applicant (“A”).

The team had to overcome numerous challenges due to the complexities of the case, including an initial circumstance where A acted as a litigant in person while in detention.

The extension of time was granted and permission to amend grounds secured a development that occurred thanks to the efforts of Duncan Lewis expert public law team.

The case involved A fleeing Nigeria due to fear of a worldwide known criminal organisation called Black Axe. Initially, A’s claim was certified, leading to his lengthy detention and imminent removal from the UK. A’s removal was halted to allow him to challenge the certification decision. 

Nevertheless, A has successfully obtained permission to challenge certification after the team highlighted a lapse in the Home Office's scrutiny. The failure to conduct a thorough examination of the diverse range of objective material referenced in the decision letter by the SSHD, which exposed issues like state complicity and corruption in Nigeria, played a pivotal role.

During the renewal hearing, it was observed that the Home Office's certification reasoning was deemed irrational, as it failed to correctly apply the required test. This development underscores the importance of a meticulous and rational approach in certification processes to ensure a fair and accurate assessment of asylum claims before the Tribunal.

 Additionally, A has initiated a separate legal proceeding at the High Court, addressing issues of Unlawful Detention and the failure to arrange asylum accommodation. The High Court granted expedition in response to A's case, resulting in his release from detention and the provision of suitable asylum accommodation to facilitate his release.

This claim has progressed to the County Court, where he is seeking damages for the identified grievances. This sequence of events underscores the legal steps taken to address and rectify the issues surrounding A's detention and accommodation.

Duncan Lewis Solicitors' public law team, led by Director Bahar Ata and Haroon Karimdad, along with Priya Solanki from One Pump Court, handled the instruction of the applicant's claim.

Duncan Lewis Solicitors

Duncan Lewis’ award-winning public law team holds top tier rankings in the Legal 500 and Chambers directories and has been involved in high-profile cases such as the Rwanda challenge, Manston House, and the Brook House detention centre inquiry.

Bahar Ata is highly experienced in a wide variety of complex and high profile public law and immigration cases. For advice or assistance on a public law matter, contact Bahar at bahara@duncanlewis.com or via telephone at 02070147398