Public Law Solicitors

Set against Theresa May’s speech at the Conservative Party Conference on addressing asylum seekers and human rights lawyers who “frustrate” their cause, this case provides a salutary reminder as to the reality of the treatment meted out by this government to vulnerable people seeking protection, wholly at odds with the image and ideals projected by Ms May.

Yesterday the High Court granted our client’s application for judicial review declaring detention to be unlawful and quashing the asylum certification that had previously stopped our client from claiming asylum in the UK.

Most stark of all in this case was the fact that the Home Office detained IKM having accepted that she was a victim of multiple rapes and torture in Sudan and ignored her own medical advice given on multiple occasions that her “health is likely to be injuriously affected by continued detention or any conditions of detention.”

The judge said:

"The secretary of state should seriously consider whether it really is humanitarian to require the Dublin Convention provisions to be followed, rather than adopting a compassionate approach in the particular circumstances of this case."

Krisha Prathepan, Solicitor in the case says:

“We tried very hard, even up to the day of the hearing, to settle this case as it should not have got to this stage. The Home Office refused to withdraw her certification despite accepting that IKM had suffered repeated rape and torture in Sudan. Indeed Home Office doctors advised against detention because of the deleterious effects they feared it would have. “Justice could only be obtained in this case by way of judicial review – by human rights lawyers - because of the availability of legal aid – three longstanding targets of disdain for this government. I am so pleased for my client, she has suffered immensely”.

Toufique Hossain, Director of Public Law at Duncan Lewis says:

“The judge was quite right in his robust judgment. It ought to be eye opening for people in this country to see that their government locks up and defends its decision to detain those who are recognised to be vulnerable, genuine refugees, even those who are accepted to be victims of rape and torture. The recent tragic images of refugees in Europe focus our minds on those who are abroad but this case highlights the treatment of refugees already here”.

Krisha Prathepan, Marina Khan and Alla Kingswood, solicitors at Duncan Lewis represented the client.

Raza Halim – Garden Court Chambers was counsel.