OTS Successful Court of Appeal Case: LD (Kenya) V Secretary of State for the Home Department [2014] EWCA Civ

Acting for Kenyan national in a Court of Appeal case in relation to a Human Rights Application on both Article 3 and Article 8 of the European Convention on Human Rights. The Appellant fears return on account of his imputed political opinion and a challenge has been mounted with a view to Ordering the Secretary of State to reconsider the Appellant’s Human Rights and Asylum protection claim and to make a new decision in the best interest of the Appellant’s British children in the UK. The proceedings have been settled and the Respondent Secretary of State has admitted to conceeding that the previous Immigration Appeal hearing was decided in error of the law. The Home Office have therefore addmitted that the case should be sent back to the previous court and have also confirmed the evidence that should be considered which they nor the court considered in unfairly refusing the clients case the first time. Home Office has also agreed to pay client's full legal costs subject to review.