Public Law Solicitors

A Deputy High Court Judge has granted TP, represented by Duncan Lewis, permission to challenge a Section 94 certificate, citing concerns over the Secretary of State's legal approach.

On 4th June 2024, Deputy High Court Judge Clare Padley granted TP, an Albanian national, permission to challenge the Section 94 certificate via judicial review in The King (TP) v Secretary of State for the Home Department (AC-2024-000045), due to concerns over the Secretary of State's legal approach.

TP was trafficked to the UK in April 2019 and forced to work in a cannabis factory for over two years. He escaped in October 2021. Shortly after, his parents' home in Albania was attacked, and his traffickers demanded his whereabouts, threatening severe consequences for unpaid debts. TP sought asylum in April 2022, fearing re-trafficking and torture if returned to Albania. Despite being recognised as a trafficking victim with positive Reasonable Grounds in October 2022 and Conclusive Grounds in March 2023 decisions, the Secretary of State refused his protection claim on 1st December 2023, certifying it as clearly unfounded under Section 94(1) of the Nationality, Immigration, and Asylum Act 2002.

TP was detained on 14th December 2023 for removal from the UK. He sought judicial review to challenge the lawfulness of the Section 94 certificate and his detention. Initially denied permission by Deputy High Court Judge Butt K.C. on 15th February 2024, TP's case was reviewed at an oral hearing on 4th June 2024. Judge Padley granted permission, finding it arguable that the Secretary of State erred in law by not applying the proper legal test for determining a particular social group, based on precedents from DH [2020] UKUT 00223 (IAC) and EMAP [2022] UKUT 335 (IAC).

The Secretary of State had accepted that Albanian male victims of trafficking had an immutable characteristic as trafficking victims but did not accept that they had a distinct identity within Albanian society. Under the old law, a member of a particular social group does not need to satisfy both limbs of the test: (i) the presence of an immutable characteristic and (ii) having a distinct identity within the surrounding society. Since TP claimed asylum on 13th April 2022, his case falls under the old law, and he did not need to satisfy both limbs of the test.

Additionally, Judge Padley found it arguable that TP may have a distinct identity within Albanian society based on an unreported judgment of the UT in DK v Secretary of State for the Home Department [2024] UKUT (UI-2023-003379). The Judge also found it arguable that if TP could establish a risk of being re-trafficked on return to Albania, he might be entitled to humanitarian protection even if not qualifying for asylum under the 1951 Refugee Convention, referencing an unreported UT judgment in Secretary of State for the Home Department v ES [2023] UKUT (UI-2023-000934).

The case was transferred to the Upper Tribunal for a substantive hearing. TP is represented by Duncan Lewis Solicitors, including Rajni Chodha, with counsel Tomor Bahja from Imperium Chambers.

About the Instructing Solicitor

Rajni Chodha is a Solicitor in the Immigration Department at Duncan Lewis. Rajni specialises in in asylum, detained asylum casework and immigration detention matters such as bail and appeal applications. She frequently deals with variety of Judicial Review matters, including challenges to decisions of the Secretary of State for the Home Department to unlawfully detain and remove Claimants, and in cases being heard before the Upper Tribunal of the Immigration Asylum Chamber and the High Court.

For advice or assistance on an immigration matter, contact Rajni via email at Rajnich@duncanlewis.com or by telephone at 02072752828.

Duncan Lewis Solicitors

Duncan Lewis Solicitors’ Immigration team is renowned for their extensive experience in asylum claims and challenging human rights violations for unaccompanied minors and victims of torture, trafficking, and domestic abuse. We are committed to assisting clients, regardless of their individual circumstances.

With over 160 specialist Immigration lawyers nationwide, we bring the highest level of expertise to all Immigration matters.  The department has a number of highly skilled lawyers who have trained as barristers, and undertake complex appeal cases up to the Court of Appeal and the Supreme Court.