Duncan Lewis wins important legal ruling

In a landmark decision by the Upper Tribunal (Immigration and Asylum Chamber), Duncan Lewis Solicitors has secured a significant legal victory for their client, RG, a vulnerable asylum seeker. On 3 March 2026, the tribunal ruled that the Home Office had acted unlawfully by imposing a "No Recourse to Public Funds" (NRPF) condition on RG's leave to remain. The judgment confirmed that the Secretary of State for the Home Department's decision was irrational, procedurally unfair, and in breach of Article 1 of the First Protocol to the European Convention on Human Rights (A1P1), which protects the right to the peaceful enjoyment of possessions.

The tribunal's ruling addressed the sudden removal of RG's access to public funds, which had been granted prior. It was determined that this constituted a disproportionate interference with RG's rights—a finding that also benefitted two other asylum seekers who were in similar circumstances, as their claims were heard alongside RG's. This case underscores the significance of legal representation in challenging governmental decisions impacting vulnerable individuals.

RG, a Sri Lankan national, was among a group of 12 asylum seekers found unlawfully detained for nearly three years on Diego Garcia, the largest island in the British Indian Ocean Territory, by the British Indian Ocean Territory Court of Appeal in December 2025. Following resolution of extensive litigation, RG and over 60 others were relocated to the UK in December 2024, receiving six months’ leave outside the Immigration Rules along with recourse to public funds.

After successfully claiming asylum and obtaining Universal Credit while awaiting a decision, RG faced complications. On 13 May 2025, the Home Office informed him that, although his leave was being extended pending a determination of his asylum claim, an NRPF condition would be imposed. Subsequent attempts by Duncan Lewis to contest the NRPF condition were dismissed by the Home Office, resulting in RG becoming subject to this restriction on 29 May 2025.

On 1 August 2025, Duncan Lewis initiated judicial review proceedings against the Home Office's decision, and after permission was granted on all grounds by September 2025, a hearing was held in November 2025 at which the tribunal ruled favourably for the Applicants. The Upper Tribunal Judges Mandalia and Blundell found multiple public law errors in the Secretary of State’s decision, which rendered it irrational. They also deemed the process procedurally unfair as RG and the other affected asylum seekers were not given the opportunity to make representations.

Importantly, the tribunal acknowledged that the removal of previously granted access to public funds engaged and breached Article 1 Protocol 1 ECHR, highlighting crucial developments in the application of property rights principles within the immigration context. This ruling not only reinstates RG’s access to essential financial support but marks a vital precedent for future cases involving vulnerable asylum seekers facing similar challenges.

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