As a direct access barrister I get a lot of cases where the client is making an application or conducting an appeal. However in this particular case the client had been represented in a manner which left holes in the case.
He had interpreters for the US army and had been blown up by an IED. His family was threatened and his father shot by the Taliban. He then served with great distinction the British army as per the numerous testaments.
He then was retired and under threat in Afghan. He tried to make his way to Britain and was stopped in Austria who told him that due not being in NATO and not having any obligation he could go home. He was also not given any treatment for his mental and physical scars.
It was only when he was picked up by the excellent Derby Refugee Action group that he has been looked after. He was re-detained and removal was set from 6 December 2017 to 22 December 2017 to Austria notwithstanding a fresh claim being lodged, which in law prevents removal, nor a judicial review claim and further representations.
It took an Order by Supperstone J to halt the removal and a somewhat confused hearing on 7 December where the Home Office started off by starting to seek his removal and detention and then half way through my submissions they threw the towel in.
He was released. There is a lot of work to be done. However, thankfully this case obtained a fair bit of national press and I will post the stories after as they make for interesting reading as to what the power of a free press coupled with fair judges can do when faced with the Home Office’s patent unfairness.
It seems to me that there is a real unfairness in this case.
I would like to thank all in the Imperium Team and those in Derby and the ex officers who attended without whom I doubt we would have obtained justice.