Niaz Sabaghchian, a public and immigration law caseworker at Duncan Lewis Solicitors, has been featured in Chronicle Law for her commentary on the recent Court of Appeal judgment in Medical Justice v Secretary of State for the Home Department [2025] EWCA Civ. The decision provides important clarification on the Home Office’s responsibilities when detaining vulnerable individuals under immigration powers.
The case challenged the Home Office’s ‘Second Opinion Policy,’ which allowed caseworkers to seek a second medical opinion if detainees presented evidence of vulnerability. Medical Justice, a charity supporting detainees, argued the policy caused delays in assessments and was inconsistent with statutory guidance.
The Court of Appeal ruled that the policy itself was not unlawful but emphasised that the Home Office failed to consult Medical Justice before implementing it, which made the policy unlawful. This decision highlights the importance of protecting vulnerable detainees while allowing caseworkers to gather further evidence when needed.
To read the full article on Chronicle Law, click the link below:
Court of Appeal Clarifies Home Office Duties in Immigration Detention of Vulnerable Adults
Niaz Sabaghchian is a caseworker in the Public Law department, working under the supervision of Director Bahar Ata in the City of London office. Niaz handles cases involving immigration, asylum and public law challenges and gained valuable experience volunteering with refugees prior to joining Duncan Lewis.
You can contact Niaz on 02031141132 or email Niazs@Duncanlewis.com
Duncan Lewis Solicitors is a multi-award-winning national law firm renowned for exceptional legal services and commitment to justice. With expertise in 25 areas of law, the firm is ranked in Chambers & Partners and Legal 500 as a top-tier law firm and has been named a Times Top 250 Law Firm. Headquartered in London, the firm is recognised for its excellence in people management, holding the Investors in People Gold Standard Accreditation, and embraces a paperless, hybrid-working model. The firm was crowned law firm of the year at the LexisNexis awards 2024 and again at the Modern Law awards the year before.