Joshua Chua

I am a Public Law and Immigration Solicitor at Duncan Lewis Solicitors. I have been practicing in Immigration for over 12 years and I am an IAAS Senior Level 2 Caseworker and Supervisor.

I have specialist knowledge of asylum and human rights law, asylum appeals, unaccompanied asylum seeking children, deportation, fresh claims, applications for Immigration Bail and Immigration Applications (under Appendix FM).

I have particular expertise in representing claimants in Judicial Review challenges, which include but are not limited to:

• Unlawful detention;
• Dublin III Regulation challenges;
• Refusal of fresh asylum and human rights claims;
• Negative trafficking decisions;
• Challenges to the detained fast track and detained asylum casework process;
• Removal directions/fitness to fly;
• Section 94B certifications under the Nationality, Immigration and Asylum Act;
• False imprisonment claims at the County Court and Queen’s Bench Division.

I am passionate about protecting vulnerable clients and their human rights. It is my aim to defend and safeguard human liberties and give my client’s the best service and representations in their cases.

• LLB Honours Law - University of Hertfordshire - 2.1
• Legal Practice Course - College of Law

• Duncan Lewis Solicitors: August 2021 - present

Supreme Court

• MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC): In this Upper Tribunal case, the Panel (former present UT Judge McCloskey and UTJ Dawson) held that the enforced return of the Appellant, a journalist, from the UK to his country of origin, Somalia, would expose him to a real risk of persecution on the ground of actual or imputed political opinion and/or a breach of his rights under Articles 2 and 3 ECHR. It is probable that, in the event of returning to Somalia, the Appellant will seek and find employment in the media sector. This case is important because the Appellant should not be denied refugee status on the ground that it would be open to him to seek to engage in employment other than in the media sector.

Court of Appeal

• Secretary of State for the Home Department v MSM (Somalia) and UNHCR (Intervener) [2016] EWCA Civ 715: In this case the crux of the SSHD’s appeal raised an important issue in relation to modification of conduct in refugee cases where the convention ground is imputed political opinion. The respondent was a journalist from Somalia who, on the findings of the Upper Tribunal, faces persecution in the event of return on the basis of actual political opinion and imputed political opinion. The Court of Appeal dismissed the Secretary of State’s appeal because the Upper Tribunal had made a finding that MSM’s pursuit of a career in journalism involving the expression of political opinion is “at least partially driven by political conviction relating to conditions prevailing in Somalia”. In the circumstances and contrary to the Secretary of State’s argument before the Court, the case was not a case of imputed political opinion.

High Court

• R on the Application of YA and GY [2021] EWHC 1217 (Admin): In these linked cases, the two Turkish clients YA and GY brought a claim for judicial review challenging the lawfulness of their section 94B certifications under Nationality, Immigration and Asylum Act 2002 and whether they could rely on the Ankara Agreement (supplemented by other EU provisions) in granting the claimants a deportation-suspensory in country right of appeal in the UK. I represented YA. Permission to apply for judicial review was refused on the papers and an oral renewal hearing was sought at the High Court. Mr. Justice Mostyn was of the view that it was not arguable that these claimants cannot realistically and reasonably prepare for and participate in their appeals from Turkey. Mr. Justice Mostyn also held that the Citizens’ Directive was not appropriate analogue for a Turkish worker facing deportation. The Judge was not satisfied that it was arguable that the Ankara and its other ancillary instruments would afford the claimants an in country right of appeal.

• IASS Senior Level 2 Caseworker and Supervisor

• Football
• Reading
• Music

• Home Office agrees to consider asylum claims for everyone in Rwanda cohort (23 July 2024)
• Duncan Lewis Secures Rare Victory with Right to Challenge Albanian Client’s Certification and Detention (9 November 2023)