Duncan Lewis Solicitors Secures Permission for Judicial Review Against Home Office Delay (18 June 2026)

The Public Law team at Duncan Lewis Solicitors has successfully secured permission to apply for Judicial Review in the Upper Tribunal (Immigration and Asylum Chamber) in a challenge against the Secretary of State for the Home Department concerning a prolonged delay in determining a client's further submissions.

The case, the King on the application of GG (Anonymity Order) v Secretary of State for the Home Department, was conducted by Hannah Baynes, Solicitor and Supervisor, and Ilana Thurgood, Caseworker, in the Public Law department at Duncan Lewis Solicitors. Counsel instructed in this matter was Matthew Ahluwalia of Garden Court Chambers.

Challenge to Extended Home Office Delay

The applicant, a national of Zimbabwe, submitted further submissions to the Home Office in October 2023. Despite the passage of more than two years, no substantive decision had been made on his case.

Throughout this period, Duncan Lewis Solicitors repeatedly raised concerns regarding the impact that the delay was having on the applicant's health and wellbeing. The applicant suffers from serious physical and mental health conditions, which were brought to the Home Office's attention when the further submissions were lodged.

The Judicial Review claim argued that the delay had become unreasonable, particularly given the applicant's vulnerabilities and the ongoing uncertainty surrounding his immigration status.

Evidence before the Tribunal highlighted the practical and emotional consequences of the delay. The applicant explained that, having been refused financial support and without permission to work, he faced difficulties accessing some of the medication and healthcare appointments he required. He also described the adverse impact that the prolonged uncertainty was having on his mental health.

Upper Tribunal Grants Permission

Following consideration of the parties' written submissions, Upper Tribunal Judge Ruddick granted permission for the Judicial Review claim to proceed.

The Secretary of State argued that the timeframe was reasonable due to the complexity of the claimant's case and the need for input from multiple stakeholders within the Home Office. However, the Tribunal concluded that the claimant had established an arguable case that the delay was unreasonable.

In granting permission, Judge Ruddick stated:

"Bearing in mind that the standard at this stage is arguability, I consider that it is just arguable that the Respondent’s delay has been unreasonable, given she has been on notice since at least April 2024 that the delay was having an adverse effect on the applicant’s health and that she appears to have given no reason for the delay other than the need to coordinate between different internal “stakeholders”. Nor is there any suggestion that she has ever considered whether to expedite that internal coordination due to the applicant’s ill health."

The Tribunal found it arguable that the Home Office had been aware for a considerable period that the applicant's health was being adversely affected by the ongoing delay, yet there was no indication that any steps had been taken to expedite consideration of his case.

Significance of the Permission Decision

Hannah Baynes, Solicitor and Supervisor in Duncan Lewis Solicitors' Public Law team, said:

“This decision highlights what is a common experience for asylum seekers in the UK, who face prolonged delays as they wait for a decision on whether they are to be granted leave to remain. It is important that the Judge in this case recognised the need for the Home Office to take into account the human impact on delays in applications for international protection being processed, rather than viewing claims from an administrative and procedural lens.”

The matter will now proceed to a substantive hearing before the Upper Tribunal (Immigration and Asylum Chamber), where the lawfulness of the delay will be fully considered. However, it is anticipated that the case may settle prior to the hearing, as the Home Office has now agreed to grant the applicant leave to remain in the UK as a refugee.

Duncan Lewis Public Law Team

Duncan Lewis Solicitors' specialist Public Law team regularly represents individuals in Judicial Review proceedings challenging unlawful decisions, delays and failures by public authorities. The team has extensive experience in complex immigration, asylum and human rights matters and remains committed to holding public bodies accountable where delays have serious consequences for vulnerable individuals.

The Team

Hannah Baynes is a Supervising Solicitor, specialising in Public Law and Immigration. She has extensive experience in Judicial Review proceedings, focusing on representing vulnerable individuals, including victims of torture and trafficking. 

For advice or assistance, contact Hannah via email at hannahb@duncanlewis.com or by telephone on 07342 081714.