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News, Comment and Cases
SSHD-v- NF (Kenya) [2021] EWCA Civ 17 11 January 2021
The issue in this forcefully contested appeal was whether the existence of a conviction in the UK of downloading prohibited materials...
Jawaid Luqmani in the latest edition of Defending Suspects at Police Stations
Jawaid Luqmani in the latest edition of Defending Suspects at Police Stations
Luqmani Thompson & Partner’s MILLA WALKER shortlisted for prestigious legal award
LTP Partner and Solicitor, Milla Walker, has been shortlisted for a prestigious Law Society Excellence Award, the highest accolade for law firms in England and Wales.
Jawaid Luqmani appointment to Law Society’s Access to Justice Committee
Founding partner of LTP, Jawaid Luqmani, has been appointed to the Law Society’s Access to Justice Committee for a three-year term.
Law Commission Report on Simplification of Immigration Rules
The Law Commission has published its report today on simplification of Immigration Rules.
Judgement of Supreme Court in SSHD -v- Vomero
Judgement has now finally been delivered in this long running dispute involving the rights of an EEA national to avoid deportation following a serious conviction and the relevant legal tests to be applied to those who have been resident for many years, but who have not established a permanent right of residence
LALY 2019 winner
Sally Thompson was one of the proud recipients of a LALY award at a celebration in central London on 10 July 2019 where the prizes were handed out by Baroness Helena Kennedy QC, celebrating the commitment by individuals and dedicated to ensuring that justice is available to all
The advantages of specialist practice management in law firms
Sally Thompson was recently featured in one of a short series of Law Society videos promoting the advantages of specialist practice management in law firms and is one of 4 individuals to be featured nationwide.
LALY 2019 Awards Finalist
Luqmani Thompson & Partners are delighted to hear that one of our founding partners, Sally Thompson, has been shortlisted for the 2nd year in a row for the Legal Aid Lawyer of the Year awards.
R (NS) v Secretary of State for the Home Department [2019] EWHC 861 (Admin)
Our client in this case was a potential victim of trafficking from Indonesia whose age was disputed by the Home Office based upon a passport obtained for her by agents involved in her trafficking. Although, the client was by this stage an adult, the issue of her age at the time of the alleged trafficking was important as the key test for identification of a child victim of trafficking differs to that applied to an adult.
Success for Luqmani Thompson client in the Court of Appeal: WA (Pakistan) –v- SSHD and UNHCR (Intervener) [2019] EWCA Civ 302
Judgement was handed down by the Court of Appeal on Wednesday 6 March 2019 in respect of an appeal that sought to challenge the correctness of the country guidance case in MN and others (Ahmadis-country conditions- risk) Pakistan CG [2012] UKUT 00389 (IAC) in that it failed to properly reflect the judgement of the HJ (Iran) test of asking why an individual would act in a particular way to avoid persecutory harm.
LALY Awards Finalist
We are delighted to announce that our founding partner, Sally Thompson, has been shortlisted as a finalist in the 2018 LAPG Legal Aid Lawyer of the Year Awards, in the category of Practice Management, due to her sterling management and leadership through the radical changes in our practice following the enactment of LASPO 2012 and the consequent huge cuts to legal aid.
Retirement of partner, Eileen Bye
Eileen Bye leaves the firm on 20 April 2018. She has been a stalwart fighter for the rights of her clients over several decades, championing the causes of some of the most vulnerable and highlighting injustices over a lengthy and distinguished career.
Luqmani Thompson ranked again as a leading Immigration firm in Chambers guide for 2018
The respected guide says about Luqmani Thompson that our team “stays on a case and is very committed from start to finish.”
ECJ hearing at Grand Chamber, Luxembourg
Jawaid Luqmani with counsel Raza Husain QC, Nick Armstrong and Professor Takis Tridimas in Luxembourg for the Grand Chamber, ECJ hearing of the case of Franco Vomero on Monday, 17 July. The Advocate General’s opinion is expected in late October 2017.
The Bach Commission – Future Funding
The Bach Commission, which was set up to examine the future of funding in legal services is expected to provide its final report later this year.
Luqmani Thompson & Partners ranked in Chambers UK 2017
Chambers & Partners UK legal directory and recommendations for 2017 has been launched this November.
Litigation update: Success in Nigerian Victims of Trafficking Country Guidance case
Luqmani Thompson & Partners represented the appellant in HD (trafficked women) Nigeria CG [2016] UKUT 454 (IAC), a new Country Guidance case that will provide crucial protection for victims of trafficking fearing serious harm on return to Nigeria.
LAPG conference Leeds 7 October 2016
Jawaid Luqmani was the panel speaker on immigration at the plenary session on the availability for funding post LASPO.
Post referendum EU citizens’ rights and wrongs
First, don’t panic: There is no present requirement on anyone in the UK who is exercising Treaty rights (by which is meant:working, self-employed,studying, or self-sufficient) to leave the UK, including family members of those EU nationals.
Is the healthcare of migrants at risk?
Immigration analysis: What impact will the new NHS (Charges to Overseas Visitor) Regulations 2015 have on both migrants and NHS services? Eileen Bye, partner at Luqmani Thompson and Partners, expresses concern that the new rules will mean more people will now be excluded from hospital treatment by law, by means and by fear.
Operation Nexus
Operation Nexus is a collaboration between the police and the Home Office to try and deport more foreign nationals from the UK. In most deportation cases individuals are deported based on proven conduct, usually demonstrated by the presence of a criminal conviction.
Delay in judicial review could be fatal- regardless of the reason
A recent decision of the Court of appeal in Kigen -v- SSHD [2015] EWCA Civ 1286 came as a bit of a shock to practitioners who were informed that delays created by awaiting the outcome of decision of the Legal Aid Agency were no longer considered to constitute a good reason for delay. In that case:
Eileen Bye and Jawaid Luqmani in Superlawyers 2014
Partners at Luqmani Thompson & Partners, Eileen Bye and Jawaid Luqmani, have been ranked in Superlawyers 2014. You can see their profiles online here and the magazine itself here. You will also find an article, "Vitruvian Man", relating to Jawaid and the firm's work in general.
Litigation update: Algerian gay country guidance case
Luqmani Thompson & Partners represented the appellant in OO (gay men: risk) Algeria [2013] UKUT 00063 (IAC), a country guidance case relating to the return of individuals fearing persecution in Algeria based on sexual orientation.
Jawaid Luqmani sits as Legal Aid Lawyer of the Year judge
The firm has had three nominations in the last six years for Legal Aid Lawyer of the Year (Jawaid Luqmani (2008); Eileen Bye (2012); and Rakesh Singh (2013)) but this year Jawaid will be sitting on the judging panel for the event. Good luck to everyone involved.
Jawaid Luqmani & Eileen Bye rated in Superlawyers 2013-2014
The firm has had three nominations in the last six years for Legal Aid Lawyer of the Year (Jawaid Luqmani (2008); Eileen Bye (2012); and Rakesh Singh (2013)) but this year Jawaid will be sitting on the judging panel for the event. Good luck to everyone involved.
Civil Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2014
It used to be the case that legal aid lawyers representing individuals in judicial review claims would be paid for their work whatever the outcome of the litigation. However, since 22 April 2014 and the coming into force of the Civil Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2014 lawyers will only be guaranteed payment for their work if permission is granted by the court to proceed.
Luqmani Thompson & Partners welcomes trainee
Luqmani Thompson & Partners is pleased to welcome Rebecca Wehner as a trainee solicitor at the firm. Rebecca has been working with Luqmani Thompson & Partners since 2009 and has been handling client matters as a Casework Assistant since July 2013. Rebecca is available for instructions on a wide variety of immigration and asylum matters under the supervision of Milla Walker, a partner at the firm.
Prisoner voting and human rights (part one)
In the first of a two part series we look at the continuing debate in the UK concerning the status of the Human Rights Act, case law from the European Court of Human Rights at Strasbourg ("ECtHR"), and its impact on UK domestic law. Specifically, we consider whether the decision to take the case of Hirst v UK[1] (a case concerning the right of prisoners to vote) to Strasbourg advances the cause of human rights in the UK.
Just how complex is immigration law?
In answer to a related Parliamentary Question, Shailesh Vara MP, Parliamentary Under-Secretary of State for the Ministry of Justice with responsibility for the Courts and Legal Aid, responded as follows:
Out of country, out of mind – removals for breach of conditions in R (on the application of Thapa) v SSHD
In the case of R (on the application of Thapa) v Secretary of State for the Home Department [2014] EWHC 659 (Admin) Mr Thapa sought judicial review of the Secretary of State's decision to make directions for his administrative removal, in the exercise of her discretion under the Immigration and Asylum Act 1999, s 10(1)(a) (IAA 1999) and of her decision to remove him from the jurisdiction.
Prisoner voting and human rights (part two)
In the second of this two part series (you can find the first part here) we look at the impact of the prisoner voting case on human rights in the UK and the challenges this presents for lawyers working in the field. Following on from our previous post, here we consider the potential consequences of disquiet amongst the senior judiciary in the UK and the ramifications of non-implementation of decisions of the European Court of Human Rights at Strasbourg.
Judicial review procedure in the Upper Tribunal
The Home Office revealed a 69% increase in judicial review challenges to asylum/immigration decisions in July 2013 compared with July 2012. As three-quarters of judicial review challenges relate to immigration/asylum, this is a significantly increased workload. Most relate to "temporary migration decisions", including under new family rules.
Litigation update – SE (Zimbabwe) v The Secretary of State for the Home Department [2014] EWCA Civ 256 (13 March 2014)
Luqmani Thompson & Partners represented the appellant in SE (Zimbabwe), challenging, amongst other things, the decision of the Court of Appeal in SS (Nigeria) v SSHD [2013] EWCA Civ 550. The appeal was dismissed. Jackson LJ, addressing the SS (Nigeria) point and giving lead judgment, said as follows:
The Detained Fast Track
As immigration detainees reportedly stage protests at Harmondsworth Immigration Removal Centre in protest at the Detained Fast Track system, we look at the nuts and bolts of the process and the difficulties for lawyers representing clients within it.
Themes in immigration policy: deportation and legal aid
Further to our series considering deportation and the 'public interest' we consider provision of legal aid for those currently faced with deportation from the UK and following recent protests against legal aid cuts in the Criminal Justice System
Hamid Courts
About a year ago, under increasing pressure from the number of judicial review applications made to the High Court (particularly in removal cases), the then President of the Queen's Bench Division, Sir John Thomas, required the attendance of the solicitor responsible for making an application which was 'totally without merit' after his court had to deal with what was described as yet another last-ditch effort to defer removal.
Themes in immigration policy: preventing re-offending and the ‘public interest’
We continue our look at the role of the 'public interest' in deportation decisions. In this post we consider the weight given to attempts made to prevent re-offending in the decision making process.
Themes in immigration policy: deportation and the ‘public interest’
Over the next few posts we will be considering the role of the 'public interest' in deportation decisions, how the courts have interpreted the term and the way in which it is used in deportation decisions and appeals.
Themes in immigration policy: ‘revulsion’, punishment and the public interest
We continue our look at the role of the 'public interest' in deportation decisions and in this piece we consider the role of expressing the 'revulsion' of the public in the decision making process.
Themes in immigration policy: deportation and ‘deterrence’
We continue our look at the role of the 'public interest' in deportation decisions and consider the role of 'deterrence' in the decision making process.
A new deportation test for European nationals?
Luqmani Thompson & Partners acted for FV, an Italian national, in Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199, a case in the Court of Appeal in 2012 concerning the rights of long-term resident European nationals to resist deportation.
Home Office duty to trace: update
uqmani Thompson & Partners recently acted for the appellant in AA (Afghanistan) v The Secretary of State for the Home Department [2013] EWCA Civ 1625 (11 December 2013), a recent case in the Court of Appeal.
Chambers and Partners 2014
Luqmani Thompson & Partners has been rated as one of the best personal immigration firms in London in the highly respected Chambers & Partners 2014
Immigration Act 2014: Part 2 – Appeals
We take a look at the substantial changes made to immigration appeal rights contained within the Immigration Act 2014 (IA 2014). What are the main appeals provisions about?
Luqmani Thompson & Partners win in European Court of Justice
Rakesh Singh, solicitor at Luqmani Thompson & Partners, has succeeded on behalf of a client before the European Court of Justice in Luxembourg.
Luqmani Thompson & Partners responds to Ministry of Justice legal aid consultation
Luqmani Thompson and partners solicitors has for the past 15 years advised claimants and public authorities in public law matters. Many of our clients have in the past been eligible for legal aid.
Children in the Tribunal
We represented two brothers in their asylum claims, initially made in mid-2012, when they were aged 13 and 14. The boys were unaccompanied asylum seeking children. When dismissing both appeals from the Home Office decisions to refuse their claims the Judge of the First Tier Tribunal stated as follows:
Luqmani Thompson & Partners takes the lead in major new case on children’s rights
Rakesh Singh acted for the claimants in SM & Anor v Secretary of State for the Home Department [2013] EWHC 1144 (Admin) (08 May 2013) who were 5 children.
Trouble ahead in Queen’s Speech
Another Immigration Bill announced in the Queen's speech today marks a further crackdown aimed at persons from abroad living in the UK. The full details will follow once the Bill has been published but the measures it is expected to contain will include:
Team Members ranked in ‘Superlawyers’
Three members of our team, Eileen Bye, Jawaid Luqmani and Rakesh Singh, have been identified as leading lawyers in the immigration field in the 'Superlawyers' 2013 rankings. The magazine, distributed to all solicitors, is an independent peer review of those practising in the field in London.
Case of Izuazu continues to cause a stir
One of the leading cases on the introduction of the new Immigration Rules, involving a client represented by Luqmani Thompson & Partners, has attracted widespread press coverage, including in the Law Gazette.
Jawaid Luqmani talks to Law in Action
Jawaid Luqmani, partner at Luqmani Thompson & Partners, is interviewed by Joshua Rozenberg for Radio 4's Law in Action in relation to Unaccompanied Asylum Seeking Children and other immigration matters, including the impact of the new Immigration Rules. The full interview is available here.
Important Case on Article 8
In Izuazu -v- SSHD, the Upper Tribunal allowed an appeal brought by the Secretary of State against the decision of the First Tier Tribunal.
Luqmani Thompson & Partners achieve Lexcel Accreditation
Lexcel is developed specifically for the legal profession. It is an optional, recognised accreditation scheme for law firms and in-house legal departments which gives assurance that a practice meets high client care and business management standards.
Regulatory issues
Luqmani Thompson & Partners has been asked to provide further training in the New Year for legal professionals on the roles of compliance officers. We regularly receive enquires as to how legal professionals are required to meet regulatory obligations under the new regime with the requirement of every firm to have a Compliance Officer for Legal Practice ("COLP") and a Compliance Officer for Finance and Administration ("COFA").
Jawaid Luqmani, Partner at Luqmani Thompson & Partners, speaks at HJT Conference on funding issues affecting practitioners in the sector
Jawaid is an experienced and established trainer in all aspects of immigration and education law. If you or your organisation require training then please do not hesitate to contact our office to check availability and fees.
Jawaid Luqmani, partner at Luqmani Thompson & Partners, speaks with Raza Husain QC of Matrix Chambers at ILPA Conference on RT litigation in Supreme Court
Jawaid is an experienced and established trainer in all aspects of immigration and education law. If you or your organisation require training then please do not hesitate to contact our office to check availability and fees.
Luqmani Thompson & Partners ranked as one of the best firms in London for personal immigration in latest edition of Chambers and Partners:
Luqmani Thompson & Partners is described as "really good" by other practitioners, and members of the team are singled out for individual praise. The firm has a successful appeals track record, and has made law in the higher courts, including recently in W (Algeria) in the Supreme Court, and AH (Algeria) in the Court of Appeal.
Jawaid Luqmani, partner at Luqmani Thompson & Partners, successful in the Supreme Court:
In a very detailed judgement in respect of which there was unanimous agreement, the Supreme Court has accepted that in the context of countries where neutrality is not possible, to compel someone seeking refugee to return to that country and lie about their political affiliations is unacceptable.