Duncan Lewis Wins Landmark Ruling Restoring Client's Access to Public Funds (4 March 2026)

Duncan Lewis Solicitors has secured a major legal victory in the Upper Tribunal after successfully challenging a Home Office decision that prevented our client from accessing public funds while living lawfully in the UK.

The Upper Tribunal (Immigration and Asylum Chamber) ruled in favour of our client, RG, in a judicial review claim against the Secretary of State for the Home Department. The court found that the Home Office had acted unlawfully by imposing a “No Recourse to Public Funds” (NRPF) condition on RG’s leave to remain in the UK, as well as on two other individuals in similar circumstances.

On 3 March 2026, the tribunal concluded that the decision was irrational and procedurally unfair. Importantly, it also held that removing access to public funds in this case amounted to a disproportionate interference with the Applicants’ rights under Article 1 of the First Protocol to the European Convention on Human Rights — the right to peaceful enjoyment of possessions.

This judgment marks a significant outcome for our client and provides important clarification on how and when the Home Office can lawfully restrict access to public funds.

Case background

RG is a Sri Lankan national and one of 12 asylum-seekers found to have been unlawfully detained for nearly three years on Diego Garcia, the largest island of the British Indian Ocean Territory (‘BIOT’), by the British Indian Ocean Territory Court of Appeal in December 2025. On 30 March 2023, during his period of detention on Diego Garcia, RG was granted international protection by the Commissioner of BIOT. Following lengthy litigation, over 60 individuals, including RG, arrived in the UK from Diego Garcia in December 2024, via a grant of 6 months’ leave outside the immigration rules. The Secretary of State for the Home Department expressly provided RG recourse to public funds as a condition of his leave. RG claimed asylum soon after arriving in the UK. This asylum claim remained outstanding as the expiry date for RG’s leave outside the rules approached on the 29 May 2025. At this point, RG had successfully applied for Universal Credit and was beginning to establish a life in the UK.

On 13 May 2025, the Home Office informed RG and the other applicants in the case that, while their leave had been extended until their asylum claim was decided, she would be imposing a “No Recourse to Public Funds” condition on their leave. RG challenged this decision by way of pre-action correspondence.  Nonetheless, the Secretary of State maintained her decision. RG was subject to a No Recourse to Public Funds condition from the 29 May 2025.

On 1 August 2025, Duncan Lewis Solicitors lodged a judicial review challenge to the Home Secretary’s sudden and unjustified decision to impose a No Recourse to Public Funds condition on RG’s leave in the UK, alongside an application for expedition, which was granted by UTJ Norton Taylor on the same date. Permission was granted on all grounds by UTJ Norton-Taylor on 10 September 2025, and RG’s claim was linked with claims issued by two other individuals, known as BAA and CAC who, like him, were asylum seekers relocated from BIOT who had had their recourse to public funds restricted.

Following a substantive hearing on 11 November 2025, on 3 March 2026 the Upper Tribunal ruled that the Home Secretary’s decision to impose a No Recourse to Public Funds condition on the three Applicants was unlawful. Upper Tribunal Judges Mandalia and Blundell found that the Secretary of State’s decision of 13 May 2025 contained numerous public law errors to the extent that her process in reaching the decision was ultimately irrational. Notably, it was also found that the Applicants’ sudden loss of their entitlement to public funds contravened their rights under the European Convention on Human Rights. The Tribunal also found that the process by which the Secretary of State restricted public funds was procedurally unfair, due to the fact that he was significantly detrimentally affected by the decision, and was not afforded the opportunity to make representations in advance.

Future legal avenues under the Right to Protection of Property

The Upper Tribunal’s determination not only achieves vindication of the Home Secretary’s wrong against our client, but cements the empowering potential of Article 1 of the First Protocol of European Convention of Human Rights in certain contexts.

Article 1 of the First Protocol establishes individual’s right to protection and peaceful enjoyment of their possessions. Historically, it has proven challenging to engage this right or demonstrate its contravention where public funds are concerned. In the unique circumstances of this case, namely the ‘taking away’ of public funds from the Applicants, it proved to be a powerful factor, with the Upper Tribunal finding the decision to represent an unlawful interference with property belonging to RG.

The Duncan Lewis legal team representing RG was Simon Robinson, Ben Nelson and Kristen Allison, of Duncan Lewis Solicitors, instructing Chris Buttler KC and Jack Boswell of Matrix Chambers.

BAA and CAC were represented by Leigh Day, instructing Chris Buttler KC of Matrix Chambers and Natasha Simonsen of Blackstone Chambers.

Duncan Lewis Solicitors

Duncan Lewis Solicitors, an award-winning law firm, is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the LexisNexis Awards 2024, further establishing its credentials as one of the leading law firms in the UK.

The firm’s Immigration and public law team is particularly renowned for handling complex and high profile cases involving human rights and asylum seekers. With landmark successes in cases such as Brook House, the Rwanda Challenge, and Manston House, Duncan Lewis continues to provide unparalleled legal representation, ensuring justice for the most vulnerable.