Practice
Adrian's work spans a range of inter-related social welfare and human rights based areas of public law. He practises mainly in the Administrative Court in Judicial Review matters although he also appears in the Asylum and Immigration Tribunal, the Immigration Services Tribunal (IMSET), the Asylum Support Tribunal, the Mental Health Review Tribunal, County Courts, the Employment Tribunal, the Solicitors Disciplinary Tribunal (SDT), SIAC, education appeals panels and before the Social Security Commissioners.
Public Law: He has a broad interest in all aspects of public law. He has a busy housing and community care practice that focuses on public law matters that are amenable to judicial review and on challenges on judicial review principles in the county court in statutory homelessness appeals. EC Law: Adrian has a particular interest in EC law as it applies to EC citizens and 3rd Country nationals in immigration and social welfare cases, and has appeared in EC cases in the Asylum and Immigration Tribunal, the Administrative Court, the Court of Appeal and the European Court of Justice. He has also advised in cases involving Customs and Excise regulations concerning importation of cigarettes and alcohol. Migrant Welfare: He has developed a deep interest in migrant welfare, housing and support matters under different statutory regimes. His clients often have issues that touch on the Housing Act 1996, Community Care provisions under the National Assistance Act 1948 and other Acts, the Children Act 1989 and asylum support matters under the Immigration and Asylum Act 1999. Nationality: He also has an interest in Nationality law. He has contributed the Nationality law chapters for the JCWI Handbook 2006, advised JCWI on government proposals, contributed to responses to government consultation papers on the subject and provides training on the subject. He has a Child Support Agency: In addition, he acts in appeals and actions against the Child Support Agency (CSA). He is also interested in cases involving public and private law actions against public bodies such as the Child Support Agency (CSA) and the UK Border Agency (UKBA) of the Home Office. Education: In the field of education law he has acted for clients in schools admissions and exclusions cases. National Security: In addition, he has appeared in immigration cases involving national security issues before SIAC, the Court of Appeal and the House of Lords. Elections: Adrian has also acted in Election Petition proceedings challenging municipal election results and for clients in professional disciplinary hearings. Adrian has extensive experience of obtaining telephone injunctions out of hours in housing and immigration matters. He has provided training courses in Public Law, Community Care, Housing, Social Security and Immigration, including accreditation training, for Garden Court Chambers, JCWI, Legal Action, law centres, local authorities and the IAS.
Notable casesCH/2321/2007 (Social Security Commissioners) Whether a Turkish asylum seeker on temporary admission, could be eligible for housing benefit and whether she enjoyed a right to reside or was otherwise exempt from the test for the same. GC(China) v Secretary of State (Court of Appeal) [2008] All ER (D) 166 (May) The Citizens Directive, 2004/38/EC, gives no absolute right of residence to a person not himself a national of a Member State who is married to a UK national. Even if the UK national has exercised Treaty rights by working in another Member State before returning to the UK, the UK national's movement unaccompanied by the spouse does not confer an EC right of residence on the spouse who was otherwise unlawfully present in the UK. Ehiabor v Royal Borough of Kensington and Chelsea (Court of Appeal) [2008] All ER (D) 104 (May) Homelessness: whether a child born in the UK to a person subject to immigration control, who had never left the country, could be a 'person from abroad' for the purposes of homelessness legislation. Secretary of State for Work and Pensions and another v Boyle and another (Court of Appeal) [2008] EWCA Civ 210 Child Support Agency: The correct construction of secondary legislation where there is an interim maintenance assessment and information is provided to enable a full maintenance assessment to be made. Ronald Christie v (1) Department for Constitutional Affairs, (2) Department for Work and Pensions (Employment Appeal Tribunal) [2007] UKEAT 0140_07_2307 Whether a part-time fee paid tribunal chairman was a 'worker' within the meaning of the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and the Part Time Workers Framework Directive (97/81/EC) FD(Algeria) v Secretary of State (Court of Appeal) [2007] EWCA Civ 981 Whether the Secretary of State can rely on the unlawful presence of an unmarried partner of an EEA national to refuse a residence card, notwithstanding that they are in a durable relationship and whether the Secretary of State can apply the domestic immigration rules to the application (case settled). Rowley v Secretary of State for Work and Pensions (Court of Appeal) [2007] EWCA Civ 598 Whether the Secretary of State for Work and Pensions owed a common law duty of care in negligence to an applicant for child support under the Child Support Act 1991. Secretary of State v Baiai (Court of Appeal) [2007] EWCA Civ 478 Whether the scheme introduced by the Secretary of State that limited the rights of those subject to immigration control to enter into a civil marriage infringed the European Convention on Human Rights 1950 Art.12 and was therefore unlawful. The objection inherent in the scheme applied just as much in the case of an illegal entrant as in the case of persons with very limited permission to remain, such as the other claimants in the first case. R(Baiai) v Secretary of State for the Home Department (Administrative Court) [2006] All ER (D) 142 (May) Whether human rights damages are available and should be awarded to a person where there is a breach of Article 12 and Article 14 ECHR R(Paul-Coker) v London Borough of Southwark (Administrative Court) [2006] EWHC 497 (Admin), [2006] HLR forthcoming Homelessness, Interim accommodation pending Review, there was an unreasonable refusal letter failing to adequately apply the ex parte Mohammed test in context of an arguable habitual residence of Claimant. YD(Turkey) v Secretary of State (Court of Appeal) [2006] 1 WLR 1646, Times 28 February 2006: Inherent power of Court of Appeal to order stay on removal where an appeal from AIT lodged out of time. Hussein and others v Khan and others; In the matter of the Representation of the People Act 1983 (High Court) [2006] EWHC 262 (QB). Election Petition R(on the application of Maryam Mohamed) v London Borough of Harrow (Administrative Court) [2006] HLR 18: Homelessness, Interim accommodation pending Review, whether EC Workers and EU Citizens excluded from consideration R (Muhammad Afzal) v Election Court (High Court) [2005] EWCA Civ 647, [2005] LGR 823: Election process, Local Government, Electoral corruption S (a minor) v Entry Clearance Officer (New Delhi) (Court of Appeal) [2005] EWCA Civ 89: Adoption under Immigration Rule 310 R(Conde) v Secretary of State (Administrative Court) [2005] HLR 452: Availability of Children Act services to work seekers from EC Member States R(Burns) v Southwark (Administrative Court) [2004] All ER (D) 328 (Jul), [2004] NPC 122, QBD: Whether local authority entitled to rely on Home Office view of immigration status or whether it is required to make its own enquiries Chen v Secretary of State C-200/02 (European Court of Justice) [2005] QB 325, [2005] All ER (EC) 129 [2004] 3 CMLR 1060: Right to reside in UK of primary carer of an EC/Irish citizen in context of right to reside under Article 18 EC. R(D) and R(H) v Secretary of State (Administrative Court) CO/2106/2004: Welfare benefits for EC Accession State nationals on the accession of Poland and other A8 states on 1 May 2004 R (Zardasht) v Secretary of State (Administrative Court) [2004] EWHC 91 (Admin), [2004] All ER (D) 196 (Jan): Destitution of asylum seekers, ambit of Article 3 ECHR CH/474/2002 (Social Security Commissioners) the Commissioner held that if the claimant has a mental health problem which makes him or her act unreasonably, for example, compulsive behaviour disorder, then the terms of the legal test must be adjusted to take that unreasonableness into account. A, X, Y and Others v Secretary of State for the Home Department (Court of Appeal) [2002] EWCACiv 1502: Article 15 ECHR, Derogation, Detention, Discrimination, Article 14 ECHR, Terrorism, National Security Shafiq Ur Rehman v Secretary Of State For The Home Department (House of Lords) [2003] 1 AC 153, [2002]1 All ER 122: Deportation and National Security Roker International Properties inc & Anor v (1) Couvaras (2) Wolf (High Court) (2000) 2 FLR 976: Foreign divorce settlements
PublicationsBooks Macdonald's Immigration Law and Practice (7th Edition, 2008) (Welfare Benefits, Asylum Support and Community Care) JCWI Immigration, Nationality and Refugee Law Handbook 2006 (Nationality Chapters) Dealing with your Dismissal (Hodder Headline 2000) (concerning Dismissal and Redundancy law) Articles Border Trouble: The UK Borders Act 2007 New Law Journal 158 NLJ 201 8 February 2008 Social Rights under Directive 2004/38/EC Journal of Immigration Asylum and Nationality Law Volume 21 Number 3 2007 pp. 175-258
Professional AssociationsALBA, HLPA, ILPA, SSLPA, Haldane Society
Pro Bono/Community WorkAsylum Support Appeals Project (ASA appeals)
|
