PracticePublic Law Bryony advises on Judicial Review across all her practice areas including urgent applications for emergency injunctions to prevent removal/deportation or secure accommodation for asylum seekers at short notice.
Immigration and Asylum
Bryony is a practitioner specialising in advice and representation in all areas of immigration, asylum, nationality, deportation, EU free movement and human rights law. She undertakes advocacy at Tribunal, High Court and Court of Appeal level. She deals with the full range of asylum work, as well as entry clearance and in-country immigration cases. Bryony has expertise in the application of human rights law to immigration and asylum cases, and challenging immigration detention in the High Court. Bryony also provides advice and representation for the full range of cases arising from the 'Points Based System'. Bryony frequently represents children in Asylum appeals and age dispute cases. She is Junior Counsel led by Stephen Knafler QC in a Judicial Review test case pending before the Court of Appeal: T & Ors, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3572 (Admin) (21 December 2010) on whether unaccompanied minors can be removed to third countries under Dublin II. She is also instructed on a JR to extend BA (Nigeria) to cover automatic deportations where the Appellant has a daughter suffering from Cerebral Palsy. Bryony represents in applications for bail and is interested in developing her practice in the field of unlawful detention. She has previously represented a child suffering from PTSD caused by detention in Yarlswood IRC and has acted as a Junior to Stephanie Harrison representing a mentally ill foreign national who had been unlawfully detained in S, R (on the application of) v The Secretary of State for the Home Department [2011] EWHC 2120 (Admin) (05 August 2011).
Asylum Support/Welfare Benefits and Housing
Bryony regularly represents at the Asylum Support Appeals Tribunal through the duty scheme set up by ASAProject which covers Section 4 and Section 95 support appeals. She advises on Judicial Review in "destitution plus" cases, withdrawal of support and accommodation including emergency injunctions for homeless asylum seekers.
Community Care/ Leaving Care Provisions and Mental Health Act
Bryony advises on JR applications in Community Care cases involving disabled and/or looked after children. She has represented in Mental Heath Act proceedings involving a child with behavioural difficulties.
Family Law Bryony acts in the full range of private and public law proceedings cases involving children.
European Human Rights Law
Prior to being called to the Bar, Bryony worked as a Lawyer at the European Court of Human Rights in Strasbourg, she has developed a detailed knowledge of Strasbourg jurisprudence and has been instructed to draft applications to the Court involving Articles 3, 6 and 8 ECHR. She also has particular expertise in preventing removal by interim measures (Rule 39) at the ECrtHR. In September 2010 she was Junior Counsel led by Mark Muller QC in the Grand Chamber case of Chiragov v Armenia for the Kurdish Human Rights Project which looks at the Jurisdiction of the Court, continuing violations and the Right to Property. Judgment is pending. Several of the applications she has worked on have been communicated to the UK Government.
International Human Rights Law
Bryony has represented members of the Batwa minority ethnic group in a case against The Republic of Burundi at the African Commission/Court of Human Rights. She has assisted in the drafting of three Amicus Curiae to the Inter-American Court of Human Rights - two against Mexico and one against Colombia - and drafted letters of action to the UN Special Rapporteurs and UN Human Rights Committee.
Notable Cases
Mamatkulov v Turkey App Nos 46827/99 and 46951/99, worked on AIRE Centre Third Party Intervention. Leading case on the binding nature of indications under Rule 39. NA v UK, App No 25904/07 worked on Judgment as a lawyer at the European Court of Human Rights in Strasbourg. Leading case on the return of Sri Lankan Tamils by the UK government. Chiragov and others v Armenia, Grand Chamber of European Court of Human Rights, Junior Counsel lead by Mark Muller QC. Considers the rights of displaced persons from the territory of Nagorno Karabakh bordering Armenia and Azerbaijan. Attempts to extend meaning of "continuing violation" and jurisdiction as set out in Bankovic. Over 1,000 applications stayed pending outcome. R (on the application of A) v SSHD, Court of Appeal, Junior Counsel led by Stephen Knafler QC. Whether UASC can be removed under Dublin II, and what transitional planning arrangements are required of the Secretary of State. Publications- Contributor to the 8th Edition of "Macdonald's Immigration Law and Practice"
- "Mamatkulov v Turkey; The Relevance of Article 6 to Extradition Proceedings" 5 European Human Rights Law Review 2005 page 409
- Book Review of "Gender and Human Rights" Ed. Karen Knop, OUP 2004, Modern Law Review, March 2006 page 484
Activities/Interests/Memberships- Trainer on EEA, Immigration and Nationality Law for the Joint Council for the Welfare of Immigrants (JCWI)
- Undertakes Pro Bono work for the Bar Pro Bono Unit.
- Member of the legal team for the Kurdish Human Rights Project
- Trustee of Omega Research Foundation which conducts research into the arms trade which is then used by large human rights NGOs such as Amnesty International
- Elected Member of the Executive of the Bar Human Rights Committee
- Member of Amnesty International
- Bryony has a particular interest in human rights issues in Morocco. She has represented the BHRC in the Working Party for Justice within the Human Rights Network of Euromed, undertook a trial observation of several Western Saharan activists in Casablanca, Morocco, and was recently involved in a Project co-ordinated by the British Embassy in Rabat in conjunction with the Moroccan Ministry of Justice and Moroccan human rights associations.
Profile updated October 2011
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