Reported Case
Brazilian Tourist Wrongfully Detained After Volunteering, High Court Rules (16 April 2025)
Date: 16/04/2025
A Brazilian national was detained for eight weeks and had her permission to be in the United Kingdom as a visitor cancelled by the Home Office unlawfully, the High Court has ruled.
The claimant’s case was taken up and steered to a successful conclusion by Duncan Lewis Solicitors after she attended an advice surgery at Derwentside IRC.
The immigration team secured a major High Court ruling in the case of R (Thadeu) v Secretary of State for the Home Department [2025] EWHC 736 (Admin).
The claimant, a Brazilian national, arrived in the UK on 1 August 2024 as a visitor.
Later that month, she responded to an Instagram advert and entered a volunteering agreement with Saint James Backpacker hostel, offering 30 hours a week in exchange for accommodation and meals.
On 12 September 2024, immigration officers attended the hostel, determined she was in breach of her conditions as a visitor, cancelled her leave, and detained her on the same day.
The initial decision to cancel her permission as a visitor referenced outdated immigration rules. The Duncan Lewis team issued a pre-action letter on 22 September 2024 asserting, amongst other things, that the breach was a genuine misunderstanding and calling for the decision to be reconsidered. Then a second decision letter—served on 7 October 2024, nearly a month after her initial detention —still failed to properly consider the evidence and circumstances. The Home Office arranged for her removal on three separate occasions.
The matter proceeded to judicial review, with counsel instructing Alex Grigg, of Garden Court Chambers. The team argued that the Home Secretary had not followed the mandatory guidance requiring a full consideration of all relevant facts, nor engaged appropriately with the discretion available under the rules and guidance. The High Court agreed, describing the Home Office’s actions as “slipshod” and ruling that they could not reach the conclusion that it was “highly likely” that the outcome would have been the same had the proper procedure been followed.
As a result, the court quashed the decision to cancel the claimant’s leave and declared that her detention—from 12 September to 8 November 2024—was unlawful. The case has now been transferred to the County Court for an assessment of damages.
This case highlights the importance of procedural fairness in immigration enforcement and underscores the critical role that legal representation plays in holding public bodies to account. Duncan Lewis is proud to have acted for the claimant and to continue advocating for justice in unlawful detention and public law challenges.
Read the full judgement here: R (Thadeu) v Secretary of State for the Home Department [2025] EWHC 736 (Admin).
About the Solicitor
Darren Middleton is a Director in the Immigration Department at Duncan Lewis Solicitors, where he supervises a team specialising in asylum, immigration, and public law. Accredited as a Supervising Senior Caseworker under the Immigration and Asylum Law Accreditation Scheme, Darren is known for his expertise in complex and sensitive matters, including deportation, further submissions, and judicial review. He has successfully secured grants of refugee status through well-prepared applications. Darren is committed to delivering meticulous and impactful legal representation for vulnerable individuals.
For advice via email at darrenm@duncanlewis.com or by telephone on 020 7275 2820.
Duncan Lewis Solicitors
Duncan Lewis has the leading public law and immigration practice in the UK. The team frequently takes on and successfully brings challenges in some of the most high profile cases in the UK, including in relation to the Rwanda plan and Manston House. The company was crowned Law Firm of the Year 2024 at the LexisNexis awards, and noted for its commitment to providing justice for all.
The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. The company was crowned Law Firm of the Year 2024 at the LexisNexis awards, and noted for its commitment to providing justice for all.