Howe & Co were instructed by BS to pursue a claim for Judicial Review against the Secretary of State for the Home Department following a considerable period of detention. The Claimant was a victim of torture, whilst detained in India including sexual assault. The Home Office accepted this was true, but refused the asylum claim on the basis of internal relocation. A rule 35 report also concluded the Claimant was a victim of torture, and so he was identified as a level 2 vulnerable person.
The Defendant was aware that the Claimant would not be retuned to India without a travel document. In December 2016, they became aware that this document would not be available for some time. This was not appreciated by the reviews of detention until the 26 January 2017, when this was realised the Claimant was immediately released from detention.
Following an order for disclosure a number of additional documents were disclosed, this continued over a length period of time, right to the day before hearing. At the hearing Deputy High Court Judge Mr Thomas QC determined that the Defendant had been unable to justify 38 days of detention and as such the Judicial Review was allowed.
Adam Tear appeared for the Claimant at permission, the full hearing and judgement with Christopher Jacobs of Landmark Chambers appearing for the full hearing.
Howe + Co continue to be the leading solicitors representing former members of HM Armed forces and the Gurkha community continuing to fight the historic injustice caused by the failure of the Government to provide for settlement of individuals that have served in the Army.
Howe + Co conducted the ground-breaking legal and political campaigning (alongside the famous actress, Joanna Lumley) for retired British Army Gurkha's, seeking the right to settle in the United Kingdom.
Howe + Co continue to be concerned that former members of the armed forces who are not British continue to be treated with contempt by the Government. An example of a recent campaign is here. A former solider has lost his employment and been threatened with removal because of a failure of the government to ensure that proper immigration advice was provided at end of service. Sam Cataki a former solider from Fiji has been left in an impossible position. We urge the Government to ensure that all solders leaving service who are not British are provided with free legal advice, not just when they leave but until they become settled British nationals.