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Toufique Hossain , Duncan Lewis , Public Law Solicitor , City of London

Toufique Hossain

Director & Solicitor

Profile / Experience

Awards and Recommendations for Toufique Hossain
uk-leading-individual-2022.jpg uk-next-generation-partner-2022.jpg Legal 500 Chambers

Toufique is ranked as a Leading Individual in the 2022 edition of The Legal 500. They comment, "Toufique Hossain has developed a strong reputation for his legal aid work on behalf of asylum seekers, encompassing litigation before the Administrative Court, Court of Appeal and the Supreme Court."

Legal 500 2022 Edition.
Immigration / London

Toufique is ranked as a Next Generation Partner in the 2022 edition of The Legal 500. They comment, "the 'innovative and brilliant' Toufique Hossain has an active pro bono practice, which supports asylum seekers in critical challenges throughout the UK court circuit".

Legal 500 2022 Edition.
Administrative and Public Law; Immigration / London

Toufique is a Recommended Lawyer in the 2022 edition of The Legal 500, "who has specific expertise with regards to asylum seekers".

Legal 500 2022 Edition.
Administrative and Public Law; Civil Liberties and Human Rights; Immigration / London

Toufique Hossain has "an amazing grasp of asylum practice,"

Chambers and Partners 2021 Edition.
Administrative & Public Law: Traditional Claimant / UK-wide

"His commitment to clients and issues is unfailing. He is really thoughtful and creative, and really good at knowing how to run an argument.What sets him apart is his ability to strategise at a high level and to understand what types of challenges will work and are important. He has the ability to see the bigger picture."

Chambers UK 2021 Edition.
Immigration: Human Rights, Asylum and Deportation / UK-wide

Public law director Toufique Hossain has extensive experience representing asylum seekers, many of whom are vulnerable clients.

Legal 500 2021 Edition.
Immigration / London

Toufique is a Next Generation Partner in the 2021 edition of The Legal 500.

Legal 500 2021 Edition.
Administrative and Public Law / London

Toufique is a Recommended Lawyer in the 2021 edition of The Legal 500.

Legal 500 2021 Edition.
Civil Liberties and Human Rights / London

Toufique Hossain directs Duncan Lewis Solicitors' public law and immigration department. He has extensive experience of judicial review proceedings involving immigration, asylum, deportation and detention. An impressed source remarks: "He can spot an important case, bring out what's required and put a team together well. He's an all-round good litigator."

Chambers UK 2020 Edition.
Administrative & Public Law (Traditional Claimant) / UK-wide / UK-wide

"Director Toufique Hossain is an 'inspirational leader' and has developed a 'very talented and committed team'."

Legal 500 2020 Edition.
Immigration: Human Rights, appeals & overstay / London

"A high-profile matter saw Toufique Hossain challenging the Secretary of State for the Home Department’s failure to investigate abuse at the Brook House Immigration Removal Centre."

Legal 500 2020 Edition.
Administrative & Public Law / London

Toufique is a Recommended Lawyer in the 2020 edition of The Legal 500.

Legal 500 2020 Edition.
Civil Liberties & Human Rights / London

"A brilliant strategic litigator," Toufique Hossain attracts plaudits for his successes in challenging existing policy and practice in immigration, especially regarding detention issues.

Chambers UK 2020 Edition.
Immigration: Human Rights, Asylum and Deportation / London (firms)

Toufique is listed as a Recommended Lawyer in the 2019 edition of The Legal 500, for his work in Immigration: Human Rights and Overstay. "Toufique Hossain handles Judicial Review cases involving immigration, EC Law, civil liberties and human rights matters"

Legal 500 2019 Edition.
Immigration / London

Toufique Hossain is a Recommended Lawyer in the 2019 edition of The Legal 500

Legal 500 2019 Edition.
Court of Protection / London

Toufique is listed as a 'Next Generation Lawyer' for his Administrative and Public Law work throughout London.

"Toufique Hossain is acknowledged for taking on 'important challenges' especially in relation to immigration detentions and mental health issues."

Legal 500 2019 Edition.
Public Law / London

Toufique Hossain is ranked in Chambers 2019 in Immigration: Human Rights, Asylum and Deportation, London firms. "Toufique Hossain of Duncan Lewis Solicitors has an extensive immigration practice and regularly advises clients on issues of detention, deportation and asylum."

Chambers UK 2019 Edition.
Immigration / London

Toufique Hossain is ranked in Chambers 2019, in Administrative & Public Law: Traditional Claimant, UK-wide. Sources say Toufique Hossain is "an exceptional public lawyer," and "...he really has the ability to think strategically - he looks at every possibility and knows how to marshal his resources."

Chambers UK 2019 Edition.
Public Law / UK-wide

Toufique Hossain of Duncan Lewis & Co garners praise from sources for being “incredibly knowledgeable, very diligent and really believing in the cause." He continues to take on a diverse array of asylum cases, as well as matters relating to detention.

Chambers UK 2018 Edition.
Immigration, Human Rights, Asylum & Deportation / London

Toufique Hossain of Duncan Lewis & Co is gaining prominence for handling high-profile judicial reviews. He is particularly strong in challenges to the Home Office's policies on immigration detention. Clients say he is "incredibly knowledgeable, very diligent and really believes in the cause. He works incredibly hard." Sources also comment that he is "really committed to the work and prepared to go the extra mile."

Chambers UK 2018 Edition.
Administrative & Public Law (Traditional Claimant) / UK-wide

Chambers describes Toufique as a ‘Leader in his Field’ for my judicial review work, described as ‘deeply committed to the plight of the disenfranchised, a fearless litigator’,

Chambers UK 2017 Edition.
Immigration / London

"Exceptional lawyer Toufique Hossain is particularly good for immigration detention cases and has an excellent eye for the crux of the matter."

Legal 500 2017 Edition.
Civil Liberties & Human Rights / London

"Toufique Hossain is a leading solicitor for immigration judicial review and utilises a combination of creative thinking with a huge amount of experience."

Legal 500 2017 Edition.
Administrative & Public Law / London

"Toufique Hossain has an amazing ability to conduct a wide range of demanding test case litigation, handling complex public law cases involving judicial review and unlawful detention."

Legal 500 2017 Edition.
Immigration: Human Rights, appeals & overstay / London

"Genuine Star"

Legal 500 2016 Edition.
Immigration: Human Rights, appeals & overstay / London

"At Duncan Lewis Solicitors, Toufique Hossain is a ‘genuine star’ for challenges in the immigration and civil liberties space."

Legal 500 2016 Edition.
Administrative & Public Law / London
"Toufique is, simply put, the best strategic public law litigator in the field of immigration – imaginative, brave and skilled in assembling and leading teams to challenge policy and systemic issues." - Counsel, Matrix Chambers

I am a Director of Public Law at Duncan Lewis Solicitors. My practise is dominated by judicial review, leading strategic litigation where I represent individual claimants and NGOs who seek to challenge Executive decisions, policies and practices. The leading legal directories rank me as a “leader” in my fields. I have been in practise for 17 years. My career began representing asylum-seekers in international protection claims for several years, before developing a wider judicial review practice which grew from identifying wider issues that were causing my clients substantial prejudice.

Throughout my life and career, my driving motivation has been to advocate for the disenfranchised.

Whilst I remain involved in high-profile litigation, my more recent focus has been on building up a team of talented people with a clear passion for human rights, fused with rigour. I encourage critical thinking and the investigation of novel points of law, fighting injustice wherever we find it.

The team has grown from six people in 2013 when I became a director, to more than fifty solicitors, trainees and caseworkers today. The team has achieved many notable successes in that time, and continues to develop.

I am accredited as a Supervisor and Level 3 Senior Caseworker under the Law Society’s Immigration and Asylum Accreditation Scheme.

Education

  • Postgraduate Diploma in Legal Practice (LPC)
  • LLB Honours – University College London (UCL)

Career

  • Director at Duncan Lewis Solicitors: 2013
  • Duncan Lewis Solicitors: 2011 - present
  • Lawrence Lupin Solicitors: 2007 - 2010
  • Hammersmith Law Centre: 2004 - 2007
  • Admitted as a Solicitor: 2004

Testimonials

  • "Toufique has given me the hope to carry on, without his help I would not be here today. It's safe to say he saved my life." - Client

Awards

  • Ranked Band 2 - Chambers and Partners UK 2021 edition - Immigration: Human Rights, Asylum and Deportation, UK-wide
  • Ranked Band 3 - Chambers and Partners UK 2021 edition - Administrative and Public Law: Traditional Claimant, UK-wide
  • Leading Individual - The Legal 500, 2022 - 2019 editions
  • Next Generation Partner - The Legal 500, 2022 - 2019 editions
  • Recommended Individual - The Legal 500, 2022 - 2016 editions
  • Recommended - Chambers and Partners UK, 2018 edition
  • Times 'Lawyer of the Week' – 19 October 2017
  • Shortlisted at the Law Society's Excellence Award for Human Rights Lawyer of the Year – 2017 (Highly Commended) and 2019
  • Finalist - Legal Aid Lawyer of the Year (LALY) Awards 2017 in Immigration and Asylum, and Legal Aid Team of the Year (Public Law, Harrow) in 2020 and 2021
  • Shortlisted at Modern Law Awards for the Lawyer of the Year award in 2019
  • Shortlisted at Asian Legal Awards for the Civil Lawyer award, 2019

Notable Cases

Supreme Court
  • Kambadzi v Secretary of State for the Home Department [2011] UKSC 23 - Seminal unlawful detention case at the Supreme Court.

Court of Appeal
  • Badmus v SSHD ([2020] 1 WLR 4609, [2020] EWCA Civ 657, [2020] WLR 4609, [2020] WLR(D) 299 - Challenge to the SSHD's policy paying only £1 an hour to detainees who want to work in detention.

  • FB and others v SSHD ([2020] EWCA Civ 1338, [2020] WLR(D) 580 - Challenge to the SSHD's removal policy (Chapter 60).

  • Wasif v The Secretary of State for the Home Department [2016] EWCA Civ 82 – This case concerned the manner in which the Tribunals and Courts certify claims for judicial review as ‘totally without merit’ (TWM). The Court of Appeal, of its own motion, stated that this case is to be considered the test case with regard to TWM certification.

  • JS (Sudan) [2013] EWCA Civ 1378 - Unlawful detention – foreign national prisoner.

High Court
  • SM v Lord Chancellor [2021] EWHC 418 (Admin) - High Court has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration removal centres.
  • LJ (Kosovo), R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 3487 (Admin) - Challenge to Shortage Occupation List (right to work for asylum seekers).
  • Detention Action & Anor, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 732 (Admin) (25 March 2020) - Covid-19 immigration detention.
  • Detention Action v SSHD - Legal challenge over the removal to Jamaica of individuals detained in the Heathrow immigration detention centres who have not been allowed proper access to legal advice. The Rt. Hon. Lady Justice Simler ruled that no one can be removed on the charter flight to Jamaica unless they had access to a working non-O2 SIM card.
  • MR (Pakistan) & Anor, R (On the Application Of) v Secretary of State for Justice & Ors [2019] EWHC 3567 (Admin) - Safeguards in prison for immigration detainees.
  • Morita & Ors v The Secretary of State for the Home Department (Rev 1) [2019] EWHC 758 (Admin) - Immigration detainees working for £1 an hour.
  • R (oao) JM & Ors v The Secretary of State for the Home Department [2015] EWHC 2331 – The Secretary of State for the Home Department conceded that the Detained Fast-Track process created an unacceptable risk of unfairness to vulnerable or potentially vulnerable individuals. Further, the Secretary of State conceded that the process as a whole created an unacceptable risk of failure to identify those whose claims were unsuitable for a quick decision within the Detained Fast-Track process.
  • R (oao) Rahman & Hussein v The Secretary of State for the Home Department [2018] EWHC 213 (Admin) – The Secretary of State was held to have interfered with the rights of Muslim detainees to properly observe their religion in detention, in addition to using “euphemisms” to “knowingly evade the law” by permitting smoking within enclosed areas of Brook House IRC.
  • R (oao) Antonio v The Secretary of State for the Home Department [2014] EWHC 3894 (Admin) - The Secretary of State for the Home Department was held to have unlawfully detained the claimant for a period in excess of three years. SSHD appealed and won at the Court of Appeal – currently remitted to High Court/QBD.
  • AA (Sudan) v The Secretary of State for the Home Department & Anor [2014] EWHC 2118 (Admin) - The Secretary of State for the Home Department’s lack of resources did not provide a satisfactory answer to her failure to review the detention of the claimant. This case also addressed the timeframe within which the Secretary of State for the Home Department is to consider evidence that is put before her as independent evidence of torture.
  • R (oao) Hiri v The Secretary of State for the Home Department [2014] EWHC 254 (Admin) - Successful application for judicial review of the decision of the Secretary of State for the Home Department to refuse naturalisation on grounds of ‘good character’ pursuant to a criminal conviction, and the underlying policy provisions.
  • SI (Sudan) v The Secretary of State for the Home Department (C4/2015/0975) - This case concerned the decision of the Secretary of State for the Home Department to remove the claimant to Bulgaria pursuant to the Dublin III Regulation. Permission to apply for judicial review was granted in the Court of Appeal after being certified as ‘totally without merit’ by the Administrative Court. The Secretary of State has since conceded this claim, resulting in a grant of refugee status for the claimant.
  • P & R (DRC) [2013] EWHC 3879 (Admin) – Risk on return to DRC - Asylum – Human Rights.
  • Lamari v SSHD [2012] EWHC 1630 (Admin) – SSHD found to be in Contempt of Court.
  • PB (Cameroon) v Secretary of State for the Home Department [2008] EWHC 364 (Admin) - Vulnerable claimant - unlawful detention - landmark damages figure.

Membership & Accreditations

  • Amnesty International
  • ILPA
  • Board of Trustees – Article 1/Waging Peace

Interests

  • Football
  • Jazz
  • Watching my children play football

Articles

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