News

We are delighted to share that Upper Tribunal Judge Hoffman granted our client permission to challenge the Secretary of State’s refusal to revoke his deportation order. The Judge also granted an expedited timetable with a final hearing due to take place in May 2025, reflecting the urgency and significance of this case.

Background

Our client is a member of the Windrush generation, having arrived in the UK as a young child in the 1960s. As a citizen of the UK and Colonies who was resident in the UK in 1973, he automatically obtained indefinite leave to remain (ILR) and was therefore exempt from deportation by virtue of section 7 of the Immigration Act 1971. In 2013, he was nevertheless deported to Jamaica, where he has been homeless ever since. The deportation was unlawful. Nevertheless, the Secretary of State refused our request to revoke the deportation order.

The Legal Challenge

We argue that the Secretary of State’s decision to maintain the deportation order is unlawful:

1. Our client is exempt from deportation under section 7 of the Immigration Act 1971. As a citizen of the UK and Colonies with ILR, the Secretary of State never had lawful authority to deport him.
2. The Secretary of State failed to properly consider the significant evidential challenges faced by our client as a member of the Windrush generation.
3. The Secretary of State’s decision breaches our client’s rights to private life, family life, and freedom from discrimination under Articles 8 and 14 of the European Convention on Human Rights (ECHR).

We are pleased that the Court has not only granted permission but also ordered an expedited timetable, recognising the pressing nature of our client’s circumstances. We will continue to advocate for our client’s swift and lawful return.
 

Our client is represented by Nina Kamp and Albert Cammack. Miranda Butler of Landmark Chambers has been instructed as counsel.

About the Team

Nina Kamp is a Consultant Solicitor in the Public Law and Immigration department. She has had a leading role in a number of wide-ranging and notable judicial review claims including successful challenges to the Home Office’s “Rwanda Policy” and the Lord Chancellor’s failure to increase legal aid rates. Nina’s work includes representing asylum seekers, trafficking victims and organisations. She handles judicial review claims, civil claims, and represents clients throughout their asylum process.

Albert Cammack is a Caseworker in the Public Law department under the supervision of Toufique Hossain. Albert assists in asylum claims, human rights breaches and applications for judicial review.

Duncan Lewis Solicitors

Duncan Lewis Solicitors is an award-winning law firm, renowned for its exceptional legal services and commitment to justice. 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 the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.