The client was represented by Alex Grigg of the Garden Court Immigration & Public Law Teams, instructed by Solicitor Yasmin Adib and Senior Caseworker Claudia Pijoan Guerra of Duncan Lewis Solicitors.
The below content has been reproduced from a Duncan Lewis Press Release.
Indefinite leave to remain (ILR) for a client has been secured following a challenge to the Secretary of State for the Home Department (SSHD) over delays in implementing a successful human rights appeal.
The Ugandan national, who fled the civil war as a child now has formal confirmation of her immigration status, following the successful judicial review application challenging the SSHD.
The client was finally issued an eVisa on 19 February 2025, confirming her continued right to indefinite leave to remain (ILR) in the UK.
A Vulnerable Client Caught in Bureaucratic Limbo
The client arrived in the UK as a child after fleeing the Ugandan civil war in the 1980s. She was granted ILR and has lived in the UK ever since. Her early experiences of trauma have led to complex and serious mental health conditions.
In 2021, following a conviction for fraud offences, the SSHD issued a deportation order against her. However, in May 2024, she successfully appealed the deportation on human rights grounds.
Despite the successful appeal, the SSHD failed to implement the decision for over nine months, leaving our client without confirmation of her ILR status. This delay had a devastating impact on her and her family—particularly as she is the full-time live-in carer for her severely mentally ill son and relies on welfare benefits for their survival. The Department for Work and Pensions demanded proof of her immigration status, putting her access to essential support at risk.
Following fruitless Pre-Action Protocol correspondence, the SSHD indicated an intention to grant her discretionary leave to remain, rather than reinstating ILR— and without any timeframe for action.
The Legal Challenge: Upholding the Rule of Law
We launched an urgent Judicial Review application and request for Interim Relief at the Upper Tribunal (Immigration and Asylum Chamber), arguing:
- Under section 79 of the Nationality, Immigration and Asylum Act 2002, our client retained ILR following the successful appeal, and discretionary leave was incorrect.
- The SSHD’s prolonged failure to implement our client’s successful appeal and issue ILR was unlawful and unreasonable, referencing key cases including R (FH) [2007] EWHC 1571 (Admin), R (O) [2019] EWHC 148 (Admin), and R v SSHD, ex parte Mersin [2000] INLR 511.
On 4 February 2025, Upper Tribunal Judge O’Brien granted the application for urgent consideration, ordering the SSHD to file her Acknowledge of Service (AOS) by 11 February 2025. In the SSHD’s AOS, she confirmed the client’s ILR would not be revoked and agreed to pay our legal costs.
