Toufique Hossain is a director of public law and immigration at Duncan Lewis Solicitors. He works predominantly under legal aid in order to represent those most in need. His practise is dominated by judicial review, leading strategic litigation where he represents individual claimants and NGOs who seek to challenge Executive decisions, policies and practices. He has extensive experience in the Administrative Court, Court of Appeal and the Supreme Court, litigating across a range of areas and regularly conducting high-profile challenges to unlawful policies and practices, including unlawful detention and unlawful removals from the UK.Some of his most notabe cases include: SM v Lord Chancellor [2021] EWHC 418 (CRA, CJO, CAS) v Lord Chancellor (challenge to LAA Regulations) Detention Action v SSHD (access to justice – phone access) FB & Anor v SSHD (Removal Window Policy) Hussein v SSHD & G4S Morita & Ors v SSHD Rehman & Ors v SSHD & SSJ TH and others [2016] EWCA Civ 815 Wasif v SSHD [2016] EWCA Civ 82 JS (Sudan) [2013] EWCA Civ 1378 Toufique continues to have conduct of several lead complex cases. He has had conduct in unlawful detention cases involving mental health issues; Rule 35 and evidence in relation torture; lead cases challenging removals to France, Cyprus and Malta; removals to DRC; challenges to detention involving long-term detention of Chinese nationals and Afghan charter flight cases. In addition to challenging injustice through litigation, Toufique aims to advocate human rights by speaking out in the media. His appearances in The Guardian, Sky News, Russia Today, BBC and Channel 4 brings attention to the crucial role of legal aid, in holding the executive to account and in providing justice for those most in need.
England - London • Public sector
Duncan Lewis Solicitors
The civil liberties and human rights group at Duncan Lewis Solicitors is a ‘behemoth in the legal aid sector’, and is noted as having a ’particular specialism in migrants’ rights cases.’ Toufique Hossain is a key contact in this regard, with his practice remaining committed to fighting for the right to liberty and refuge from persecution. James Packer is another influential member of the team, regularly involved in test cases concerning access to the courts, unlawful detention and forced removals from the UK.
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Testimonials
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‘The team has an unrelenting commitment to their clients' best interests and will always go the extra mile.’
‘Graeme Rothwell is without peers in the sector. The best solicitor I have worked with on civil liberties and human rights. He knows the law and the type of evidence necessary to win cases. Clients trust him with their lives, let alone their cases, and that is because he is always fully committed to them.’
‘Duncan Lewis is a behemoth in the legal aid sector, with particular specialism in immigration and migrants' rights cases. It has a large, dynamic team who work tirelessly on the most challenging cases.’
‘DL operates at the cutting edge of claimant public law work with a boldness and courage which other firms lack. They are willing to take on even the most challenging cases, ensuring representation for many vulnerable clients who would otherwise not have any.’
'Toufique Hossain - unrivalled market knowledge.'
'Bahar Ata - really excellent, experienced lawyer with a good strategic eye.'
Key clients
- The Public and Commercial Services Union, Care 4 Calais, Detention Action alongside six asylum seekers (AAA & Ors)
- HT, Detention Action & Public & Commercial Services Union
- Women for Refugee Women (‘WRW’) and SPM
- Public and Commercial Services Union and Care 4 Calais v SSHD
- Brook House Inquiry
- Sonya Dalton
- Malcolm Emery
Work highlights
- Acting in the lead challenge to the SSHD’s Rwanda policy to remove asylum seekers from the UK to Rwanda.
- Acting on the Manston challenge over wrongful detention in Kent.
Lawyers
Leading individuals
Next Generation Partners
Public law director, James Packer, litigates across a broad range of areas and regularly conducts test cases concerning issues that involve; access to the courts, unlawful detention, enforced removals from the UK, challenges to decisions to refuse legal aid and associated litigation. He also has a specialist practice in complex immigration cases, especially for high net worth and high profile individuals and is frequently involved in appealing costs decisions, often to the Court of Appeal. James has extensive experience in cases which have been decided in the Administrative Court, Court of Appeal and the Supreme Court. He has also brought successful challenges to the European Court of Human Rights. He also handles tribunal advocacy work and has a significant practice in Upper Tribunal and Court of Appeal cases.In a judicial review against the Lord Chancellor, James was part of the team at Duncan Lewis that successfully challenged the blanket refusal to provide legal aid funding for judicial reviews where permission was refused on the papers. The result will assist legal aid providers representing some of the most vulnerable in society and should in turn enhance access to justice. James has experience in a wide variety of judicial review litigation including; a challenge to a decision to impose a planning levy on a development; challenges to decisions by the Secretary of State for Justice to recall prisoners released on licence; challenges to the continuation of police bail, and a successful challenge to a decision by the SRA to simply send a ‘letter of advice’ to his client’s former solicitor. James also handled a challenge to the removal of a parking place for a disabled self-employed person, a challenge to a refusal to amend a Statement of Special Educational Needs, and challenges to local authority assessments such as housing and social security entitlements of various types. James provides accredited training for ILPA, HJT and AMT.