Public Law Solicitor

Toufique Hossain

Toufique Hossain , Duncan Lewis , Public Law Solicitor , Harrow

Public Law
Director & Solicitor
Harrow
02031141128
07920077037
02031190328
 

Profile / Experience

I am a Director of Public Law and Immigration at Duncan Lewis. I work predominantly under legal aid, in order to represent those most in need, regardless of their financial circumstances. The majority of my clients are asylum-seekers, many of whom are victims of torture, rape and trafficking. Fundamentally, I fight for their right to liberty and to be granted refuge from persecution.


I have extensive experience in the Administrative Court, Court of Appeal and the Supreme Court, litigating across a broad range of areas and regularly conducting high profile class-action challenges to unlawful policies and practices affecting vulnerable people, including unlawful detention, unlawful removals to European countries under the Dublin Convention, and unlawful returns to countries of origin.


I have been ranked by Chambers UK 2018 as a ‘Leader in his Field’ for my judicial review work, described as ‘deeply committed to the plight of the disenfranchised, a fearless litigator’, and have been referred to by Legal 500 as a ‘genuine star’. In 2017 I have been shortlisted for Lawyer Monthly’s ‘Public Law Solicitor of the Year’, The Legal Aid Practitioners Group’s ‘Immigration and Asylum Lawyer of the Year’, and the Law Society’s ‘Human Rights Lawyer of the Year’.


While I remain involved in high-profile cases, my most recent focus has been on building up a team of talented young people with a clear passion for human rights. I encourage critical thinking and the investigation of novel points of law, fighting injustice wherever we find it. The team has grown from six only two years ago to more than forty solicitors, trainees and caseworkers today. The success of this project was recognised by the Solicitors Journal, which shortlisted my team for ‘Legal Aid Team of the Year 2017.’


As well as challenging injustice through litigation, I aim to advocate human rights by speaking out in the media. My appearances in The Guardian, Sky News, Russia Today, BBC and Channel 4 bring attention to the crucial role of legal aid law in holding the executive to account and in providing justice for those most in need.


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

 

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

 

Recent Notable Cases

 

Court of Appeal

Tesfay and others [2016] EWCA Civ 415 – lead solicitor – Costs case relation to Dublin II litigation.


HN and others Afghanistan [2016] EWCA Civ 123 EWCA – lead solicitor - group litigation – challenging removals to Afghanistan. Obtained two generic relief orders stopping removals on Charter flights to Afghanistan.


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.


Other 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

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

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) 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 appealing to UKSC]


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.


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.


 

Testimonies & Client Comments

"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.


 

Recommendations & Awards

I am a Recommended Lawyer in the Legal 500, 2017 Edition, having been recognised in various areas for my work:

  • Immigration: human rights, appeals and overstay: "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."
  • Administrative and Public Law: "Duncan Lewis Solicitors’ Toufique Hossain ‘is a leading solicitor’ for immigration judicial reviews and utilises ‘a combination of creative thinking with a huge amount of experience’."
  • Civil Liberties and Human Rights: "‘Exceptional lawyer’ Toufique Hossain, who is ‘particularly good for immigration detention cases’ and has ‘an excellent eye for the crux of the matter’."

I have also been recommended by Chambers and Partners 2016 Edition, as well as earlier editions of the Legal 500.

 

Membership & Accreditations
  • Amnesty International
  • ILPA
  • Board of Trustees – Article 1
  • Haldane Society

 

Interests
  • Football
  • Jazz

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