Reported Case Articles
DH (Particular Social Group: Mental Health) Afghanistan [2020] UKUT 223 (IAC) (03 June 2020) (24 August 2020)
The outcome of this case affirms the supremacy of the Refugee Convention 1951 over EU law by reference to the Convention’s object and purpose. It recognises for the first time in UK asylum law that a “person living with disability or mental ill-healt Read more...
SW, R (on the application of) v Secretary of State for the Home Department [2020] EWHC 2118 (Admin) (15 July 2020) (18 August 2020)
In a judgment handed down on 15 July 2020, Holman J told the Secretary of State that they “must now look beyond Serco to other providers, or even, on a case-specific basis, simply go out in into the community, anywhere in England and Wales, and Read more...
Osadebay, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 2086 (Admin) (29 July 2020) (14 August 2020)
Background The claimant was granted bail in principle by the First-tier Tribunal (FtT) on 22 May 2020 with the condition that the Secretary of State release him into supported accommodation. The grant of bail was extended on 18 June 2020 bu Read more...
Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 (13 February 2020) (6 August 2020)
In this complex appeal, the Appellant challenged the SSHD’s decision to deport him to the Netherlands based on his status as a permanent resident under the 2006 EEA Regulations. He appealed unsuccessfully to the First-tier Tribunal (‘FtT’) and Read more...
EK, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 2111 (Admin) (31 July 2020) (5 August 2020)
Background In this case, unusually, the High Court has issued a judgment following an application for an interim order. The claim challenges EK’s detention under immigration powers in HMP Leicester since 11 April 2019, a period of more tha Read more...
LC (A Child - Placement Order) [2020] EWCA Civ 787 (23 June 2020) (29 July 2020)
We represented the second respondent (father) in an appeal by a local authority (LA) against the decision of Recorder Thain dated 7 February 2020 to refuse the LA’s application for a placement order in respect of a two year old child (LC). Read more...
Merca v SSHD [2020] EWHC 1479 (Admin) – Judge orders Home Office source bail accommodation, and release, within 4 days (27 July 2020)
In a judgment handed down on 8 June 2020 by Mr Justice Fordham, the High Court acknowledged ‘special difficulties’ caused by Covid-19 but found it was ‘necessary and proportionate’ to order the Home Office source accommodation and facilitat Read more...
MA, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1502 (Admin) (16 July 2020)
We represented the Claimant ‘MA’ in an application for judicial review. Background MA is a national of Pakistan who arrived in the UK in September 2011 on a Tier 4 student visa which was valid until 14 April 2012, on that day he appli Read more...
Kaitey v SSHD [2020] EWHC 1861 – High Court dismisses challenge to imposition of Schedule 10 Immigration Bail (14 July 2020)
In a judgment handed down on 13 July 2020 by Mrs Justice Laing, the High Court has dismissed our client’s application for judicial review against the Defendant’s decision to impose conditional immigration bail upon him. Our client, the Cla Read more...
Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 (12 March 2020) (7 July 2020)
The question raised in this case was whether family life can be established for the purposes of Article 8 between an asylum seeker who was placed in foster care arrangement from a minor up until an adult. The First-tier Tribunal and Upper Tribunal Read more...
D & Ors v The Lord Chancellor & Anor [2020] EWHC 736 (Admin) - clients awarded their costs in claim against the Tribunal (1 July 2020)
On 2 April 2020, the Court handed down judgment in D & Ors v The Lord Chancellor & Anor [2020] EWHC 736 (Admin), ordering the First-tier Tribunal to pay the Claimants’ costs in a judicial review challenge to the Tribunal’s policy. Read more...
LH, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 3457 (Admin) (13 December 2019) (19 June 2020)
Our Vietnamese client ‘LH’ challenged by way of judicial review the lawfulness of a Secretary of State decision that he was not a victim of trafficking. LH had previously received a negative conclusive grounds decision and the decision under chall Read more...
A (A Child) (Rev 1) [2020] EWCA Civ 731 (15 June 2020) - Success in Opposing Appeal by SSHD in FGMPO Proceedings (17 June 2020)
In September 2019 we reported the outcome of a hearing before the President of the Family Division in respect of an application brought by the Local Authority to protect a young girl who was at risk of Female Genital Mutilation (FGM) if removed fr Read more...
FL (A Child), Re [2020] EWCA Civ 20 (22 January 2020) (16 June 2020)
We represented the child ‘FL’ through his Guardian. FL was 18 months old at the conclusion of the proceedings. Background The concerns centred on the mother’s history of mental health issues and misuse of alcohol. The mother’s inability Read more...
Re C (Female Genital Mutilation and Forced Marriage: Fact Finding) [2019] EWHC 3449 (Fam) (16 June 2020)
The applicant mother had many siblings including our client, F. The family was of Somalian descent. As a result of the civil war in Somalia, the parents left Somalia and travelled with F and two of his brothers to England in April 2002, leaving th Read more...
C-D (A Child), Re [2020] EWCA Civ 501 (08 April 2020) (16 June 2020)
The case concerned ‘B’ an 8 year old boy who was subject to care proceedings following concerns about him suffering ongoing emotional harm and neglect. We represented B through his Guardian and played a central role in determining his best int Read more...
SB (Ghana), R (On the Application Of) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) (20 March 2020) (15 June 2020)
Our client, SB, was successful in his unlawful detention claim in which the High Court found a breach of the Hardial Singh principles notwithstanding SB’s serious offending history. Background SB is a national of Ghana. Follow Read more...
R (on the application of Habte) v Secretary of State for the Home Department [2020] EWHC 967 (10 June 2020)
The Administrative Court has dismissed our client’s judicial review on one of the grounds of whether the UK authorities had taken over responsibility for examining the asylum claim pursuant to Article 17(1) Dublin by arranging and conducting the c Read more...
£1 an hour detention centre pay challenge: Court of Appeal dismisses appeal (20 May 2020)
The Court of Appeal has today dismissed our challenge to the Secretary of State for the Home Department’s policy of paying immigration detainees a fixed pay rate of £1 an hour in order to work in detention. This was an appeal to the decisi Read more...
The ‘Covid case’: AQS, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWHC 843 (Admin) (07 April 2020) (30 April 2020)
In this case unusually, the High Court has issued a judgment following an application for an interim order. The matter concerns the accommodation of asylum-seekers who display Covid-19 symptoms, who bears the responsibility for accommodating a Read more...
R (on the application of Vincent Nolson) v Stevenage Borough Council (2020) EWCA Civ 379 (15 April 2020)
What are the next steps after an application for interim relief is refused in the Administrative Court? The Appellant client made a homelessness application to the Respondent Council in February 2019. He was placed in temporary accommodatio Read more...
FS v London Borough of Croydon - Success in age-assessment judicial review (13 March 2020)
We were successful in a judicial review concerning the Respondent’s – the London Borough of Croydon - decision to refuse to re-assess our client’s age. We were issued with a declaration that his date of birth is 1 July 2002 rather than his ‘assess Read more...
A (A child) (Female Genital Mutilation Protection Order Application) [2020] EWHC 323 (Fam) - Success for client in Female Genital Mutilation Protection Order Matter (9 March 2020)
The family court accepted an application for a Female Genital Mutilation Protection Order (FGMPO) brought by the local authority and supported by our client, to protect her ten year old daughter A from undergoing the procedure.
Foley, R (On the Application Of) v SSHD [2019] – Court rules on Irish citizens deportation policy (21 February 2020)
The Administrative Court has dismissed our client’s judicial review challenge in Foley v SSHD, finding that the Secretary of State’s special policy on the deportation of Irish citizens is lawful and proportionate. Since 2007, the Secretary of Read more...
Shields-McKinley v The Secretary of State for Justice the Lord Chancellor & Anor [2019] EWCA Civ 1954 (14 November 2019) (21 February 2020)
The Court of Appeal has dismissed our client’s appeal in Shields-McKinley v SSJ, finding that the Secretary of State for Justice was not responsible for our client’s false imprisonment as a result of his sentence miscalculation. These proceedi Read more...
SSHD v JS (Uganda) [2019] EWCA Civ 1670 – Cessation of Refugee Status under Article 1C (21 February 2020)
The Court of Appeal have allowed the Secretary of State for the Home Department’s (SSHD) appeal in the case of SSHD v JS (Uganda), finding that the UK did not owe obligations to our client (JS) under the Refugee Convention, as he had been recognis Read more...
R (Julien Benchaouir) v Secretary of State for the Home Department [2019] EWHC 2606 (Admin) - Detention of a foreign national offender with accepted mental illness (14 February 2020)
The Claimant’s situation came to light when he instructed Duncan Lewis Solicitors in his bail matter in July 2018. The case concerns a challenge to the lawfulness of detention of a foreign national offender with accepted mental illness. It als Read more...
GB v R. [2020] EWCA Crim 2 (16 January 2020) – Public interest safety and quashing criminal convictions for confirmed victims of trafficking (31 January 2020)
Ms. GB was convicted for using false documentation in 2008 and despite evidence that she was a victim of trafficking and at real risk of persecution, she was not properly advised of her rights or provided support as a victim of trafficking. We wer Read more...
MR (Pakistan) & Anor, R (On the Application Of) v Secretary of State for Justice & Ors [2019] EWHC 3567 – Safeguards for Immigration detainees in the Prison Estate (23 December 2019)
Background On 20 December 2019, Mr Justice Supperstone dismissed our clients’ judicial review claims challenging the absence of equivalent safeguards to Rules 34 and 35 of the Detention Centre Rules for immigration detainees held within the Read more...
A Local Authority v A Mother & Ors [2019] EWCA Civ 799 - non-accidental care case (18 December 2019)
On the 3rd April 2019 in a non-accidental care case the Court allowed an appeal by a local authority against a finding that four rib fractures suffered by a baby were sustained accidentally by overlying while co-sleeping with her mother. Read more...
The Queen (on the application of Edyta Bukartyk) v Welwyn Hatfield Borough Council – Homelessness Judicial Review (17 December 2019)
We represented the Claimant in a judicial review against Welwyn Hatfield Borough Council (“WHBC”). This was against WHBC’s decision to not accept a second application for homelessness assistance from the Claimant. Background Th Read more...
C (A Child: NAI) [2019] EWFC B15 (24 January 2019) – Serious Non-Accidental Injury Fact Finding (17 December 2019)
The case refers to a fact finding in respect of the father. It concerned C, an eight week old baby that suffered a serious non-accidental injury whilst in the care of his parents. Our clients were the maternal grandparents of the baby and as such, Read more...
B (A Child)(Fact Finding) [2019] EWFC B46 – Establishing the Legal Threshold under section 31 Children Act 1989 (12 December 2019)
This case proved to be a complex matter because the child’s (B) background and history was not clear from the outset. Furthermore, there was no person in the UK who exercised parental responsibility for her. This case considered in detail the Read more...
VM v The United Kingdom (No. 2) - 62824/16 (Judgment : Article 5 - Right to liberty and security : First Section) [2019] ECHR 312 (25 April 2019) (9 December 2019)
On 25 April 2019, the European Court of Human Rights (ECtHR) handed down judgment in the case of VM v UK (No 2) (Application no. 62824/16). The Court found that deficiencies in the detention review of a person suffering from mental heal Read more...
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...
Royal Borough of Greenwich v EOA [2019] EWCOP 54 – Inherent jurisdiction and welfare concerns in relation to vulnerable adults. (16 October 2019)
The case involves an 18 year old (EOA). The Local Authority has applied for declarations and orders under s15 and s16 of the Mental Capacity Act 2005. Orders were sought to determine whether EOA lacked capacity to make decisions regarding: the 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...
The Secretary of State for the Home Department v BK (Afghanistan) [2019] EWCA Civ 1358 (30 July 2019)
The Secretary of State for the Home Department (SSHD) appealed against the decision of the Upper Tribunal (UT) Immigration and Asylum Chamber to allow the appeal against the cancellation of our client, BK’s indefinite leave to remain (ILR) in the 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...