Kaweh


Kaweh works as an immigration, asylum and human rights solicitor taking cases through from initial application to appeal. He also acts in relation to public law and civil work arising from the Secretary of State for the Home Department’s decisions within that field, in particular in relation to fresh asylum and human rights claims and unlawful detention by way of judicial review and civil claims at county court or high court.

Kaweh is known for dealing with very complex and serious cases. He handles the cases with a rare dedication and passion. Each case is exceptionally well handled and well prepared by him. He has shown very high level of commitment to achieving the best possible result for his clients on all aspects of their claims. His thoroughness in all his work, from the first representations through to his persistence in final negotiations is always very impressive.
Kaweh won Legal Aid Lawyer of the Year in Immigration and Asylum Category 2017. His achievement was remarkable given how new he was to the profession. He is the only solicitor to win this prestigious award with just over one year PQE experience. He is also the only winner who himself was an asylum seeker and could not speak the English language in 2004 when he came to the UK. Kaweh was also shortlisted for Human Rights of the Year by the Law Society at the same year.

Reported Cases:

Hemmati & Ors v SSHD [2018] EWCA Civ 2122
This was a test case challenging the detention of asylum seekers under Article 28 and 2(n) of Dublin III Convention. The claim was dismissed by the High Court but the Court of Appeal overturned the decision by a 2-1 majority. The Court of Appeal also ruled that the Appellants were entitled to damages. The Secretary of State for the Home Department appealed this case to the Supreme Court which was heard on 29-30 July 2019. The decision is currently pending before the Supreme Court.

HK (Iraq) and Others v SSHD [2017] EWCA Civ 1871

This was a test case challenging removal to Bulgaria under Dublin III Regulation. The claim was dismissed by the High Court and the Court of Appeal but it was the first time that removal to Bulgaria was considered by the Court under Dublin III Regulation in the UK.

BA (Eritrea) v SSHD [2016] EWCA Civ 458

Successfully challenged the SSHD’s decision to detain the client who was a victim of torture at the High Court. The SSHD applied for permission to the Court of Appeal and permission was granted. This case was linked with another case and it became a test case on Detention Rule 35 reports prepared by medical practitioners for detainees at the detention centres. The Court of Appeal gave guidance on how to treat such reports.

MK (Afghanistan) v SSHD [2015] EWCA Civ 643

Successfully challenged the High Court’s decision in regards to the costs of the judicial review proceeding. The judicial review claim was wholly successful and the SSHD did not agree to pay the Claimant’s costs. Parties agreed to make written submissions to the High Court and the High Court Judge ruled no order as to costs. We appealed that decision and permission was granted by the Court of Appeal at the oral hearing. Subsequently, the SSHD agreed to pay the Claimant’s costs.

Imafidon v SSHD [2015] EWHC 1790 (Admin)

Successfully challenged the SSHD’s decision to set removal directions against the Claimant, to refuse to grant him retained right of residence and detain him unlawfully. This case had the most unfortunate history and the unlawful detention claim was very complex. The Court also ruled in this case that the EEA rights are declaratory.

Kaweh