News

Duncan Lewis Solicitors has successfully obtained High Court permission to challenge the Home Office’s decision to move an asylum-seeking father away from his two children. The case, R (AUW) v Secretary of State for the Home Department, raises crucial issues regarding the best interests of children and potential violations of Article 8 ECHR (right to private and family life) in asylum accommodation decisions.

The Order granting permission to apply for judicial review, which was made by Hugo Keith KC, sitting as a Deputy High Court Judge, was highly critical of the Home Office, stating that the decision letter was “conspicuous for its lack of reasoning.” The court granted permission on all grounds and extended interim relief, preventing the father from being moved until the case is heard in full.

Legal Challenge and Key Issues

The Home Office had attempted to relocate the father—who is currently accommodated under asylum support—to accommodation far from his two young children. The case argues that the decision failed to properly consider the children’s best interests and disregarded the family’s right to remain together.

The judge upheld the seriousness of the legal challenge, noting that the Home Office’s response contained additional information not initially provided but did not justify the decision. As a result, the case will now proceed to a full judicial review hearing.

Next Steps in the Case

The High Court has directed the Home Office to submit detailed grounds of defence and supporting evidence within 35 days. The final hearing is expected to take place later this year.

Duncan Lewis’ Team

The Claimant is represented by Hannah Baynes, a solicitor in Duncan Lewis' Public Law team, who has extensive experience in judicial review claims involving asylum and human rights. Hannah is assisted by trainee solicitors, Hannah Jandu and Lily Weatherby, along with caseworker Ilana Thurgood. Counsel is Alex Schymyck, of Garden Court Chambers.

This case underscores the importance of legal scrutiny in Home Office decision-making and reinforces Duncan Lewis' ongoing commitment to protecting the rights of vulnerable individuals and their families.

Duncan Lewis Solicitors

Duncan Lewis is an award-winning Times Top 250 law firm, which is ranked as Top Tier by both the Chambers and Partners and Legal 500 directories. The company represents clients in more than 25 practice areas across 13 key offices nationwide. This year the company was crowned Law Firm of the Year at the Lexis Nexis awards 2024 and has been noted for its commitment to diversity and inclusion.