Reported Case Articles
High Court confirms Dublin III Regulation protects asylum seekers from arbitrary detention by the Home Office from the time they first claim asylum in the UK (6 December 2019)
Ismail, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 3192 A substantial judicial review judgment was handed down on 26th November 2019 by the High Court. The legal points of principle within the Read more...
A-F (Children) (Care and SGO - older children), Re [2019] EWFC B45 (24 May 2019) – Lack of Capacity and Complex Sibling Care Proceedings (4 December 2019)
After protracted hearings and repeated local authority involvement, His Honour Judge Willans outlined the outcome of care proceedings in a final hearing on 24 May 2019 that concerned the welfare of a six child sibling group (A-F). This was Read more...
Re X (Female Genital Mutilation Protection Order. No.2) (3 December 2019)
A child, ‘X’, who was deemed to be at risk of Female Genital Mutilation (FGM) and had a full travel ban ordered by the High Court preventing her from leaving the UK until she is 16, has been permitted to travel to Egypt for one week to facilitate Read more...
CI (Nigeria) v SSHD [2019] EWCA Civ 2027 – “Foreign criminals automatic deportation – meeting the very compelling circumstances threshold” (3 December 2019)
In this case the Court of Appeal provided welcome guidance in relation to resisting automatic deportation of foreign criminals on “very compelling” grounds. The Court of Appeal looked at the meaning and applicability of section 117C Read more...
High Court decision on applicability of CIL reversed - Giordano Ltd, R (On the Application Of) v London Borough of Camden Council [2019] EWCA Civ 1544 (12 September 2019) (23 October 2019)
The Court of Appeal has reversed the decision of the High Court on the applicability of the Community Infrastructure Levy. Duncan Lewis represented the successful appellant; Giordano Ltd. Local authorities can impose the Community Infrastr Read more...
Family Court expresses disappointment in local authority’s care plan and parenting terminology - A (A Child), Re [2019] EWFC B18 (05 April 2019) (23 October 2019)
On 5th April 2019, the Family Court ruled that, a case involving child care and a history of alcohol abuse, required a more ‘sophisticated analysis of the risk’ rather than a simple reliance on the past. The judgment also exposed flaws in t Read more...
Family Courts powerless to prevent deportation of children at risk of FGM - A (A Child: Female Genital Mutilation: Asylum) [2019] EWHC 2475 (Fam) (25 September 2019) (4 October 2019)
The Family Court gave judgment on 27th September 2019 confirming that it has no powers to prevent the Secretary of State of the Home Department (SSHD) from deporting a vulnerable girl who is at risk of Female Genital Mutilation (FGM) if she is ret Read more...
Judicial Review claim allowed after SSHD fails to consider mitigating factors and give sufficient reasons for making negative reasonable grounds decision (5 August 2019)
The Administrative Court has found that that the SSHD (in its guise as the National Referral Mechanism [NRM]) unlawfully concluded that our client, WEN, did not have ‘reasonable grounds’ that she is a victim of human trafficking. Ba Read more...
Correct procedure for raising a cross appeal in the Upper Tribunal - Smith (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC) (25 July 2019)
This judgement gives guidance to practitioners on the correct procedure for raising a cross appeal in the Upper Tribunal. It further provides guidance on;
- what constitutes a “decision” for the purposes of S 11 (1) of the Read more...
The detention of EEA nationals – Lauzikas, R (on the application of) v Secretary of State for the Home Department [2019] EWCA Civ 1168 (09 July 2019) (12 July 2019)
The Court of Appeal handed down judgment in Lauzikas v SSHD on 9 July 2019. This judgment considered the appeals of both parties from the judgment of Michael Fordham QC (sitting as a Deputy High Court Judge) in Lauzikas v SSHD [2018] Read more...
Success in international child abduction case: H (Abduction: Retention In Non-Contracting State), Re [2019] EWCA Civ 672 (16 April 2019) (11 July 2019)
International family law solicitor Helen Newman and child care solicitor Rebecca Slee have recently succeeded in obtaining the return of a child to Australia after she had been in the UK for 15 months. This first instance case in the High Read more...
SSHD curtailing support for confirmed victims of trafficking - NN v Secretary of State for the Home Department [2019] EWHC 766 (Admin) (28 March 2019) (20 June 2019)
Duncan Lewis represents Claimants in successful application to the High Court for a general interim relief order to prevent the Secretary of State for the Home Department from curtailing support for confirmed victims of trafficking. On 13 Read more...
B v M [2018] EWHC 1473 (Fam) (26 April 2018) – Duncan Lewis successful in mishandled Private Fostering Agreement (7 May 2019)
This case concerns a five year old child who was born in London in 2013. The child’s parents are Eastern European nationals and arrived in England shortly before the child’s birth. They had no money, were not working, and were homeless. When the chil Read more...
Unlawful detention of EEA Rough Sleeper in Holownia v Secretary of State for the Home Department [2019] EWHC 794 (Admin) (03 April 2019) (10 April 2019)
The Claimant in this case is one of many rough sleepers who have been detained by the Secretary of State for the Home Department (SSHD) for an alleged breach of treaty rights under Immigration (EEA) Regulations 2006 (the EEA Regulations). Ruling in t Read more...
The Secretary of State - a Gatekeeper for Fresh Claims in Robinson (formerly JR (Jamaica)) (Appellant) v Secretary of State for the Home Department (Respondent) [2019] UKSC 11 (8 April 2019)
On 13 March 2019, the Supreme Court concluded that the rejection of the Appellant’s further submissions did not attract a right of appeal after the Appellant sought for the Court to find that the Secretary of State for the Home Department’s (SSHD) ap Read more...
R (on the application of JS and Others) v Secretary of State for the Home Department (litigation friend - child) [2019] UKUT 64 (IAC) (1 April 2019)
This judgment deals with the principles on the procedural approach of the Upper Tribunal in immigration judicial review proceedings involving an applicant who is a child, specifically when it is necessary for a child to be represented by a litigat Read more...
Voidable divorce: wife remarried after erroneously being granted a divorce from the courts - M v P [2019] EWFC 14 (22 March 2019) (25 March 2019)
Duncan Lewis Solicitors represented a wife whose divorce was sought to make void in an application made by the Queen’s Proctor. History of case The matter concerns an application made by the Queen’s Proctor (‘QP’), the QP is the C Read more...
Success in Duncan Lewis reported case has far-reaching consequences for future gay asylum-seeking clients from St Lucia (14 March 2019)
Following a decision made in an appeal to the Upper Tribunal of the Immigration and Asylum Chamber, the Appellant, a citizen of Saint Lucia (St Lucia), has Read more...
Omar & Others v SSHD - Challenge to the legality of Dublin III Detention Regulations 2017 (13 March 2019)
Following the Court of Appeal’s judgment in Omar & Others vs The Secretary of State for the Home Department (SSHD), an appeal will be launched to the Supreme Court regarding the appellants’ challenge to the legality of Read more...
Case listed for re-trial after decision to strike out claim is set aside in Hughes Jarvis Ltd v Searle & Anor [2019] EWCA Civ 1 (15 January 2019) (4 February 2019)
Following the strike out of the claim that the Landlord (Property Development Company) brought against our client, an assured tenant of the property, the Court of Appeal has set aside the County Court judgments and the case has been listed for re- Read more...
New Guidance from the Tribunal President in Safi & Ors: reasons must be given for decisions on permission (25 January 2019)
As the Hon Mr Justice Lane noted from the outset, the legal proceedings that have resulted from the hijacking of an aircraft from Afghanistan to the UK in February 2000 ‘have been both various and protracted’. He regretted that the current hearing Read more...
Substantial damages for unlawful detention in R (On the Application Of) Adegun v Secretary of State for the Home Department [2019] EWHC 22 (Admin) (25 January 2019)
This case provides another insight into whether a detained asylum system can be operated fairly and without detriment to detainees. In a ruling handed down on 10 January 2019, Nicholas Paine QC concluded that the Home Office failed to carry out Ru Read more...
Appeal allowed after a long legal battle in Forrester v The Secretary of State for the Home Department [2018] EWCA Civ 2653 (20 December 2018)
The appellant in this case, is a Jamaican national born in 1980. The appellant challenged the Secretary of State’s (SSHD) decision to deport him on the basis that deportation would disproportionately breach both his family and private life. The Court Read more...
Unlawful detention of trafficked Lithuanian national - ZV, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 2725 (Admin) (26 November 2018)
In this case, a claim was brought to challenge the lawfulness of detention concerning an EU national who is a victim of trafficking and the certification of her removal under Regulation 33 of the Immigration (European Economic Area) Regulations 20 Read more...
Home Office states it is revising Discretionary Leave policy in MM (Malawi) & Anor v the Secretary of State for the Home Department [2018] EWCA Civ 2482 (09 November 2018) (13 November 2018)
The Home Office has stated it intends to revise its policy on Discretionary Leave in open court during cases of MV, MM and MK which came before Newey, Henderson and Hickinbottom LJ on Tuesday 30th October 2018 to determine whethe Read more...
H, R (on the application) v Secretary of State for the Home Department [2018] EWHC 2191 (Admin) (16 August 2018) (13 November 2018)
History of the Case H is a Vietnamese national who was trafficked to the UK in early 2013 as a minor. He was physically and sexually abused by his traffickers and forced to work in a cannabis house where he was arrested in October 2 Read more...
Aboro, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 1436 (Admin) (23 October 2018)
In this case, the Secretary of State for the Home Department (SSHD) has been found to have been in breach of chapter 55.10 of the UK Border Agency Enforcement Instructions and Guidance (UKBA EIG) in unlawfully detaining the Claimant on the basis t Read more...
Re T (A Child) (Secure Accommodation Order) [2018] EWCA Civ 2136 (15 October 2018)
The appeal from a decision authorising the deprivation of liberty under the inherent jurisdiction of the 15-year-old girl has been dismissed by the Court of Appeal. History of the Case The case related to a transgender child (T) f Read more...
TM (A Minor), R (on the application) v Secretary of State for the Home Department (Minor - asylum - delay) [2018] UKUT 299 (IAC) (23 August 2018) (1 October 2018)
This case concerns a minor, TM, who brought a judicial review against the Secretary of State for the Home Department (SSHD) challenging the ongoing delay in giving a decision on TM’s asylum claim. TM first made a claim for asy Read more...
When is a rule not a rule? – the consequences of R (on the application of KA & Anor) v Secretary of State for the Home Department (ending of Kumar arrangements) [2018] UKUT 201 (IAC) (17 September 2018)
In this case, KA & Anor complained to the Upper Tribunal that the continued applicability of the Kumar arrangements in Read more...
Unlawful detention of re-trafficked victim in R (on the application of CP (VIETNAM)) v Secretary of State for the Home Department [2018] EWHC 2122 (Admin) (06 August 2018) (3 September 2018)
In this case, concerning a victim of re-trafficking, the High Court ruled in favour of the Claimant, CP, finding that the Secretary of State for the Home Department (SSHD) had breached the Claimant’s protective obligations under Article 4 o Read more...
Unlawful Detention: Failure to Apply Rule 34 in KG, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 1767 (Admin) (13 July 2018) (31 July 2018)
In a case brought by Duncan Lewis, a court ruled that a physical and mental examination must be arranged for every detainee to take place within 24 hours of their admission to a detention centre, unless the detainee does not consent to the examina Read more...
Claim Struck Out: Witness in Contempt of Court in Hughes Jarvis Limited v Searle [2018] EW Misc B6 (CC) (27 April 2018) (18 July 2018)
A Judge sitting at Oxford County Court struck out a claim after the litigant contravened orders not to contact his lawyers mid-evidence. The witness emailed his solicitors, counsel and spoke to a third party whilst in the court giving evidence. Read more...
Unlawful Detention in SNA v Secretary of State for the Home Department [2018] EWHC 1504 (Admin) (19 June 2018) (12 July 2018)
In this case our client, the Claimant SNA, an Egyptian national, submits that he was subject to unlawful detention by the Secretary of State for the Home Department (SSHD) between 14 September 2016 and 28 September 2016. SNA argues t Read more...
Complex Bail Accommodation in Baraka, R (on the application of) v SSHD [2018] EWHC 1549 (Admin) (20 June 2018) (2 July 2018)
In this case the Claimant challenged the Secretary of State for the Home Department’s (SSHD) failure to find suitable accommodation subject to Section 4 of the Immigration Act, to enable his release on bail. This has resulted in the Claimant remai Read more...
Asylum-seeking children should be seen and not heard: the pitfalls of AL (Albania) v SSHD [2018] EWCA Civ 1183 (22 June 2018)
This recent Court of Appeal judgment involved an asylum seeking child from Albania, who by the time his appeal was heard before the Court of Appeal, was a young adult. History AL sought asylum in the UK for precisely the sa Read more...
ROO (Nigeria), R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 1295 (Admin) (7 June 2018)
The High Court ruled in favour of the Claimant by concluding that the Secretary of State for the Home Department (SSHD) had failed to exercise ‘anxious scrutiny’ before certifying her asylum claim under s.96 (2) Nationality, Immigration and Asylum Ac Read more...
ZN (Afghanistan) & Anor v Secretary of State for the Home Department, Court of Appeal [2018] EWCA Civ 1059 (1 June 2018)
In this case the Court of Appeal considered the cost applications of the two Appellants in these proceedings, ZN & KA, following the withdrawal of their appeals by consent. The issue before the Court was in what circumstances the Court shou Read more...
The deprivation of liberty of a transgender child: A Local Authority v T (No.2) [2018] EWHC 816 (Fam) (2 May 2018)
The case concerns T, a transgender child and the deprivation of liberty and rights under Article 5 of the European Convention on Human Rights. If the state imposes restrictions upon the child’s freedom and movement without the Child’s consent, the Read more...
Mazana, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 650 (Admin) (20 April 2018) (1 May 2018)
Esther Akinyinka, Solicitor of the Immigration and Public Law departments of Duncan Lewis Solicitors, represented a national of South Africa to challenge the Secretary of State for the Home Department (SSHD) Policy on Approved Premises and Unlawfu Read more...
A Local Authority v X & Ors [2018] EWHC 874 (Fam) (19 April 2018) (30 April 2018)
This case concerns four children: D, S, E, and SL, between 7 and 17 years of age. All the children are nationals of X and came to the UK on 11 June 2013 with their mother ‘M’. M is also a national of X and works as a secretary for the X High Comm Read more...
R (on the application of Ibidokun) v Secretary of State for the Home Department [2017] EWHC 3178 (13 March 2018)
This case concerns the unlawful detention of the Claimant who came to the UK from Nigeria. The Claimant made an asylum claim from within detention shortly after being detained on 6 August 2016. Despite being told that his claim would be dealt Read more...
Hussein v Secretary of State for the Home Department & Anor [2018] EWHC 213 (Admin) (01 February 2018) (14 February 2018)
Duncan Lewis Solicitors’ Public Law team brought a challenge against the Home Office on behalf of two detainees, which on 1 February 2018 the High Court ruled in favour of, forcing the Home Office to take responsibility for the unlawful conditions Read more...
Waheed v Secretary of State for the Home Department [2017] EWHC 3080 (Admin) (30 November 2017) (6 February 2018)
In this case the Claimant challenged the lawfulness of the Secretary of State for the Home Department’s (SSHD) refusal of consent to his release on bail pursuant to paragraph 22(4) Schedule 2 of the Immigration Act 1971 (As amended by Immigration Read more...
Hysaj & Ors, R (on the application of) v Secretary of State for the Home Department [2017] UKSC 82 (26 January 2018)
Duncan Lewis’ success in the Supreme Court case of Hysaj & Ors, R has significantly changed the case law on ‘deprivation’ and ‘nullity’ of British Citizenship under the British Nationality Act 1981. Duncan Lewis acted for the Appella Read more...