Public Law Solicitors

Former Home Secretary Priti Patel breached EU law and the Human Act in her treatment of an Afghan asylum seeker and must pay him £10,000 in damages.

Sayed Rahimi was left destitute for two months, prompting him to instruct Duncan Lewis solicitors' Vilash Gami and Ben Cartwright in February 2020.

At the time, Mr Rahimi was an asylum seeker who had filed a fresh asylum claim but he was eventually granted humanitarian protection and later recognised as a refugee in March 2022.)

In December 2019, the Home Secretary agreed to support him while his fresh claim was under consideration.

However, she claimed he did not show up for transportation to the accommodation arranged by her contractors and asserted that she had no further responsibilities. Mr Rahimi argued that he was never informed about the arranged transport, and his attempts to secure alternative accommodation were ignored.

In February 2020, he initiated a judicial review claim, including an interim injunction against the Home Secretary, with Duncan Lewis.
Justice Eady considered the claim urgently, noting the claimant's age and the health challenges he faced living on the street. She ordered the Home Secretary to provide an urgent response.

On the final day allowed by Justice Eady, the Home Secretary arranged transportation to the claimant's accommodation.
The legal team proposed transferring the claim from the Administrative Court to the Central London County Court (CLCC) for liability and damages determination.

The Home Secretary opposed the transfer, arguing that the judicial review claim should be dismissed as the relief sought had been provided, and she had agreed to pay costs to date. She insisted any damages claim should be pursued through a new Human Rights Act claim in the County Court.

Mr Rahimi argued that forcing him to file a second claim rather than transferring the existing claim to proceed as a private law claim in the County Court was both impractical and against principle.

Ultimately, after considering both parties' submissions, the Administrative Court (HHJ Coe QC) ruled in Mr Rahimi's favour on May 19, 2022, ordering the claim to be transferred to the CLCC for liability and damages determination instead of being dismissed. Costs were also awarded against the Home Secretary.

In the CLCC, Mr Rahimi claimed damages, including for personal injury, under the Human Rights Act, alleging breaches of Articles 3 and 8 by the Home Secretary, who had left him destitute. He also claimed Francovich damages under EU law, citing breaches of the Reception Directive on minimum standards for asylum seekers.

The Home Secretary denied legal responsibility for her agents' conduct and rejected the applicability of EU law post-Brexit.

After a CLCC hearing, evidence directions, joint expert evidence, and negotiations, the Home Secretary conceded, settling the claim by paying £10,000 in damages to Mr Rahimi.

Duncan Lewis Solicitors' Vilash Gami and Ben Cartwright instructed Mark Henderson of Doughty Street Chambers instructing solicitors in this case.

Vilash Gami, a director in the immigration department, oversees a team of solicitors and caseworkers, specialising in asylum, human rights, and public law. Recognised as a Recommended Lawyer in the 2024 edition of The Legal 500, Vilash is acknowledged for her outstanding contributions to Administrative and Public Law, as well as her work in Civil Liberties and Human Rights across London.

Contact Vilash via email at vilashk@duncanlewis.com or via telephone on 020 3114 1175.

https://www.duncanlewis.co.uk/Ben-Cartwright-Immigration-Solicitor-City-of-London-/, a Solicitor in the Public Law, Immigration, and Civil Liberties and Human Rights departments at Duncan Lewis, brings a wealth of experience to his role. Since joining the firm in April 2017, he has developed expertise in diverse issues related to asylum, judicial review, and applications under the Points Based System. Ben is actively involved in assisting clients, regularly taking instructions on a broad spectrum of matters, including urgent cases.

Contact Ben via email at BenC@duncanlewis.com or via telephone on 020 7275 2622.

Duncan Lewis Solicitors is an award-winning firm – ranked as one of the top 250 in the country by the Times, offering expert legal services in 25 fields and holding the Government to account, with recent success including the Rwanda challenge, Manston House and the Brook House detention centre inquiry.