Steven Galliver-Andrew of the Garden Court Immigration Team successfully represented the claimant, instructed by Satvir Sahota and Tahera Lakha of Duncan Lewis Solicitors.
The below content has been reproduced from a Duncan Lewis press release.
Suitable accommodation has been successfully secured for a vulnerable non-binary person who fled Russia on account of their fear of persecution due to their gender and sexual orientation.
The claimant received a dispersal notice from the Secretary of State for the Home Department (SSHD) stating that they would be transferred to an address in Essex.
The SSHD failed to consider the specific circumstances of the claimant, despite the submission of detailed representations and evidence, which made the proposed address wholly unsuitable for their needs.
An urgent application for Judicial Review was issued and interim relief from the Administrative Court was sought.
An interim order was granted, prohibiting the dispersal from proceeding without further order from the court, stating, “…he [defendant] cannot rationally believe that the dispersal address is adequate for the claimant’s needs.”
The SSHD subsequently conceded and withdrew the dispersal notice under challenge. It was agreed that the non-binary claimant would be provided with single occupancy accommodation with a private bathroom. The claim was settled in favour of the vulnerable client, who has now been provided with suitable accommodation for their needs.
