High Court Ruling on Protection of Vulnerable Detainees Featured by Free Movement (9 March 2026)

The work of our public law team in R (MXV) v Secretary of State for the Home Department [2026] EWHC 251 (Admin) has been featured by Free Movement, a leading online publication for immigration law practitioners and academics.

The case, in which Duncan Lewis acted for the Claimant, has been recognised by the platform as providing important guidance for practitioners working with detained or formerly detained clients, particularly in relation to the operational duty under Article 3 of the European Convention on Human Rights and the impact of the Illegal Migration Act 2023 on unlawful detention challenges.

The Case

MXV, a Zimbabwean national who had previously been recognised as a refugee in the UK, was detained under immigration powers in March 2024 while homeless and living with HIV and paranoid schizophrenia.

Despite requesting treatment, he went without his HIV medication for a significant period during his 100 days in detention. Judicial review proceedings were brought on his behalf, and he was released in June 2024 after the High Court granted interim relief. Following his release, his health improved significantly and he successfully challenged the revocation of his refugee status, restoring his leave to remain in the UK.

The Judgment

In a judgment handed down by Deputy High Court Judge Marcus Pilgerstorfer KC, the High Court provided important guidance for practitioners working on immigration detention cases.

The court confirmed that the state’s Article 3 operational duty to protect individuals from inhuman or degrading treatment can arise where the state has assumed responsibility for a person through detention.

The judgment also clarified the steps expected of the Home Office to ensure detainees with HIV receive appropriate medical care.

Finally, the court addressed the interaction between the Illegal Migration Act 2023 and the established Hardial Singh principles, confirming that courts retain full oversight of whether immigration detention is lawful.

Representation

Jamie Bell and Ben Nelson of Duncan Lewis Solicitors acted for the Claimant, instructing Catherine Meredith of Doughty Street Chambers and Isabella Kirwan of Guernica 37 Chambers.

About Jamie Bell

Jamie Bell is a solicitor in the Public Law and Immigration Department at Duncan Lewis Solicitors, specialising in challenging the detention of vulnerable individuals with serious medical or psychological needs. He has a strong track record of securing releases and damages for clients whose rights have been violated. Recognised as a Recommended Individual in The Legal 500 for civil liberties and human rights, Jamie is known for acting under pressure to prevent injustice.

About Ben Nelson

Ben Nelson is a Trainee Solicitor in Duncan Lewis’s Public Law team, accredited as a Senior Caseworker under the Law Society’s Immigration and Asylum Accreditation Scheme. Since rejoining the firm in 2023, he has assisted on major public law challenges, including litigation on Diego Garcia that enabled over 6,000 asylum seekers to access the system, and the current test case on detention of HIV-positive individuals.

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is one of the UK's leading public law firms, with a Public Law and Immigration Department recognised by The Legal 500 as a leader in judicial review and civil liberties work. The firm acts for clients across the County Court, High Court, Court of Appeal, and Supreme Court, holding public bodies to account for unlawful decisions and policies that affect some of the most vulnerable people in society.