News

Duncan Lewis has successfully secured the release of a highly vulnerable individual from immigration detention, into suitable Home Office accommodation following a successful urgent interim relief application.

Duncan Lewis has successfully secured the release of a highly vulnerable individual from immigration detention, into suitable Home Office accommodation following a successful urgent interim relief application.

The client, who has been diagnosed with paranoid schizophrenia and is highly vulnerable, previously spent time in a psychiatric hospital. Despite his mental health history and numerous barriers to his removal from the United Kingdom, including a deportation matter, a nationality dispute, and significant health problems, he was moved to immigration detention following a criminal conviction. While in detention, his health deteriorated to such a degree that he was detained under the Mental Health Act for approximately three months before being moved back to immigration detention.

After several failed attempts to persuade the Home Office to release our client before his health worsened further, and before the need for intervention from the High Court, Duncan Lewis’ experienced Immigration team issued urgent proceedings for Judicial Review, including an application for urgent interim relief. Following a successful interim relief hearing, the Home Office arranged for our client’s release from immigration detention into suitable Home Office accommodation. The Home Office also agreed to cover Duncan Lewis’s legal fees for the application.

The matter will now be transferred to the County Court to address the issue of liability for the unlawful detention and potential damages.

The client is being represented by Tom Leahy, a solicitor in the Immigration department at Duncan Lewis, under the supervision of Director Gemma Lynch. The legal team also included Counsel Alex Schymyck of Garden Court Chambers.

Duncan Lewis Solicitors is the leading practice in all the big strategic litigation around immigration, asylum, protection, deportation, and modern slavery. Ranked Tier 1 in The Legal 500 UK the team has a broad practice representing both privately and publicly funded (legal aid) clients in matters involving immigration; asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant judicial review matters. They have significant practice in challenging delays in Home Office decision making unlawful immigration detention cases with high net claims for damages and challenging immigration removal decisions, particularly third country removal cases.