Immigration
Over the last 30 years we have built up an unrivalled reputation for the quality of service we provide in both advocacy and written work, and for the depth of our commitment to the civil and human rights of our lay clients.
We cover all areas and levels of work, from first-instance immigration judges to the House of Lords and beyond to the European Court of Justice in Luxembourg and the European Court of Human Rights in Strasbourg.
Individual members of the team have different specialisms, and amoung us we offer the highest level of expertise in all aspects of immigration, asylum and nationality law.
Garden Court Chambers' pre-eminence in immigration is anchored in its unparalleled strength in depth. That it has sixteen ranked members in Chambers' tables attests to its impressive roster of "great people at all levels," who together ensure that the set is seen as "by far and away the leader in immigration." It offers the full spectrum of immigration expertise, with practitioners covering everything from initial immigration adjudications right through to matters before the ECJ and the ECHR. A much-vaunted move to new premises in recent years has enabled the set to continue its steady growth without compromising its reputation for "constant availability and the provision of sound advice at short notice." Universal quality is one of the factors which sources note, but individual brilliance is another. Chambers & Partners 2009
We have been at the forefront of attempts to protect and develop key concepts of refugee law including gender-based persecution and particular social groups, exclusion on national security grounds and to safeguard fairness at all stages of the refugee determination procedure. Key cases in which team members have participated have included:
Fornah v Secretary of State for the Home Department (2006)
The criteria for classifying women as members of a particular social group were accurately provided by the UNHCR Guidelines on International Protection.
[2006] UKHL 46 18/10/2006. Reported at (2007) 1 AC 412.
Frances Webber and Kathryn Cronin
Januzi v SSHD (2006)
Internal relocation and refugee status
[2006] UKHL 5 15/2/06. Reported at (2006) 2 AC 426
Stephanie Harrison & Frances Webber
J v SSHD (2006)
Regarding the application of the refugee convention to feared persecution on homosexuality grounds
[2006] EWCA Civ 1238 26/7/06
Femi Omere
Re B: R v Special Adjudictor ex parte Hoxha (2005)
Regarding cessation provisions of the Refugee Convention and the claim to refugee status based on past persecution.
[2005] UKHL 19 10/3/2005. Reported at (2005) 1 WLR 1063.
Femi Omere
Sepet and Bulbul v SSHD (2003)
Refugees and conscientious objection to the performance of military service
[2003] UKHL 15 20/3/03. Reported at (2003) 1 WLR 856.
Ian MacDonald QC, Rick Scannell, Nadine Finch
ZL (1) VL (2) v SSHD and LCD (2003)
Fast-track refugee determination procedures
[2003] EWCA Civ 25 24/1/03. Reported at (2003) 1 All ER 1062
Frances Webber and Louise Hooper
Saad, Diriye and Osorio v SSHD (2001)
Jurisdiction of Immigration Appellate Authority to determine entitlement to refugee status
[2001] EWCA Civ 2008 19/12/01. Reported at (2002) ACD 59.
Ronan Toal, Rick Scannell
Our cases before the domestic courts frequently raise human rights issues with wide-ranging implications. Notable cases which the team have been involved in include:
Saadi and others v SSHD (2008)
Article 5 ECHR legality of detention of asylum seekers at Oakington Reception Centre
ECHR Application No. 13229/03 Grand Chamber Judgment 29/1/08.
Rick Scannell and Duran Seddon
Hafizullah Alymedi & 25 Afghan appellants (IAA) and R (SSHD) v IAT (2006)
Afghan Stansted hi-jacked aircraft passenger asylum claims before appellate authority and Divisional Court
[2006] EWCA 1157 4/8/06. Reported at Times, Oct 9, 2006.
Duran Seddon & Patrick Lewis
R (Baiai) v Secretary of State for the Home Department (2006)
Whether a certificate of approval for marriage can be refused to an illegal entrant who asserts the right to marry under Article 12 ECHR
[2006] EWHC 1454 16/6/06. Reported at (2006) 4 All ER 555
Adrian Berry
N v SSHD (2005)
Article 3 ECHR and AIDS - whether AIDs victim should be returned to Uganda and thus deprived of life-saving treatment in UK.
[2005] UKHL 31 5/5/05. Reported at (2005) 2 AC 296.
Ian MacDonald QC, Rick Scannell, Femi Omere
R (Limbuela) v SSHD (2005)
Breach of Article 3 not to support destitute asylum-seeker
[2005] UKHL 66 3/11/05. Reported at [2006] 1 AC 396.
Stephen Knafler
Secretary of State for the Home Departmentv Akaeke (2005)
On administrative delay by the Home Office rendering a decision to remove a person from the UK a disproportionate interference in her right to respect for her family life in the UK
[2005] EWCA Civ 947 27/7/05. Reported at [2005] Imm AR 701
Peter Jorro
ZT (2005)
Whether the removal of the appellant a Zimbabwean national suffering with HIV/AIDS , would breach article 3 and/or 8 of the ECHR
[2005] EWCA Civ 1421 24/11/05. Reported at [2006] INLR 256
Femi Omere
A v SSHD (2004)
Re. the indefinite detention of foreign nationals and breaches of Articles 14 and 5 ECHR.
[2004] UKHL 56 16/12/04. Reported at [2005) UKHRR 175
Stephanie Harrison
R (Mambakasa) v SSHD (2003) (no link)
Principles relating to damages for breaches of human rights, in particular Article 8 ECHR outstanding before Court of Appeal,
[2003] EWHC (Admin) 319 3/3/03
Duran Seddon
Hilal v UK (2001)
Applicant's deportation to Tanzania would breach Article 3 of ECHR.
ECHR App. No. 00045276/99 6/3/2001. Reported at 33 EHRR 2.
Team members have done significant and important work on the scope of free movement rights for EEA nationals, their family members and for nationals of ‘Association Agreement’ states. Notable cases include:
The Queen, on the app of Veli Tum, Mehmet Dari v SSHD (2007)
Re. EC-Turkey Association Agreement and the standstill rules of establishment. Judgment stated that these should be applicable to rules regarding entry and restrictions could not be used against failed asylum-seekers wishing to enter UK to start a business..
ECJ Case C-16/05 20/9/07. Reported at Immigration Law Update Vol 11 (1) pp.1
Nicola Rogers
Baumbast and R v SSHD, ECJ (2002)
Free movement rights and rights of children of migrant workers
ECJ C-413/99 17/9/02. Reported at [2003] INLR 1
Stephanie Harrison
The Queen v SSHD, ex parte (1) Julius Barkoci (2) Marcel Malik (2001)
Freedom of movement and rights of Czech nationals in the UK
Case C-257/99 27/9/01. Reported at [2002] INLR 152
Laurie Fransman QC
Cases include:-
The Queen v SSHD ex parte Kaur (2001)
Who is British for EC purposes
European Court of Justice 20/2/01 C-192/99
R v SSHD ex parte Ullah (2001)
Power for British citizens by descent to naturalise as British citizens otherwise than by descent
[2001] EWCA Civ 659 10/5/01
Laurie Fransman QC
R v SSHD ex parte Montana (2000)
Illegitimate children and Secretary of State's policy to register
[2000] EWHC Admin 421 23/11/00. Reported at (2001) 1 WLR 552
We have acted in many or most of the national security cases arising before SIAC (the Special Immigration Appeals Commission established under SIAC Act 1997), raising important human rights and civil liberties concerns. We also act for controlled persons under the Prevention of Terrorism Act 2005. Notable cases include:
SSHD v JJ & ors (2006)
Restrictive control orders and Article 5 ECHR
[2006] EWCA Civ 1141 1/8/06. Reported at (2006) 3 WLR 866
Ian MacDonald QC, Ronan Toal, Stephanie Harrison
A and Others v the Secretary of State for the Home Department, SIAC and CA (2004)
Anti-terrorism Crime and Security Act 2001; internment of foreign nationals and derogation from Article 5
[2004] UKHL 56 16/12/04. Reported at (2005) 2 AC 68
Stephanie Harrison
The team has been involved in important cases concerning the exercise of enforcement powers and Home Office liability for illegal use of those powers, including:
N (Kenya) v SSHD (2004)
Weight to be attached to gravity of offence when deciding to deport applicant
[2004] EWCA Civ 1094 5/8/04. Reported at Times, September 13, 2004
Frances Webber
M v Home Office (1993)
Secretary of State's liability in contempt of court for removal in breach of undertaking.
[1993] UKHL 5 27/7/1993. Reported at (1993) 3 WLR 433.
Rick Scannell
Team members have been concerned to ensure that those subject to immigration control are not deprived of basic socio-economic rights. Key cases in this field in which the team has been involved include:
R (on the app of A) v West Middlesex University Hospital NHS Trust (2008)
Guidance to charge failed asylum seekers for NHS treatment declared unlawful.
[2008] EWHC 855 11/4/2008
Stephen Knafler
Szoma v Secretary of State for Department of Work and Pensions (2005)
The meaning of 'lawful presence' for social security purposes
[2005] UKHL 64 27/10/05. Reported at (2006) 1 AC 564.
Duran Seddon
R (Mani) v Lambeth LBC (2003)
Local authority and not NASS responsible for disabled asylum seekers
[2003] EWCA Civ 836 9/7/03. Reported at Times, July 23, 2003.
Stephen Knafler
O, Bhikha v Secretary of State for the Home Department (2000) (no link)
Immigration status and welfare entitlement
[2000] EWCA 22/6/2000. Reported at (2000) 1 WLR 2539
Stephen Knafler
Team members are concerned to protect the right to liberty and to ensure that those unlawfully deprived of their liberty are compensated. The team is developing a private law practice in claims against the Home Office. Notable cases on detention include:
Saadi and others v SSHD (2008)
Article 5 ECHR legality of detention of asylum seekers at Oakington Reception Centre
ECHR Application No. 13229/03 Grand Chamber Judgment 29/1/08.
Rick Scannell and Duran Seddon
R (on the app. of D) v SSHD (2006)
Unlawful detention of minors
[2006] EWHC Admin 980 22/5/06
Stephanie Harrison
I,D & ors v Home Office (2005)
Damages for unlawful detention
[2005] EWCA Civ 38 27/1/05. Reported at (2006) 1 WLR 1003
Nadine Finch
A v SSHD (2004)
Internment of foreign nationals. Articles 14 and 5 ECHR
[2004] UKHL 56 16/12/04. Reported at [2005) UKHRR 175
Stephanie Harrison
Team expertise covers immigration-related criminal law. Together with members of chambers’ criminal team, we helped set up the foreign national criminal prisoners network in 2006. Notable cases include:
R v Makuwa (2006)
Arrival with false documents.
[2006] EWCA Crim 175 23/2/2006. Reported at (2006) 1 WLR 2755
Ian MacDonald QC
R v Navabi and Embaye (2005)
Arrival with no documents and Article 31.
[2005] EWCA Crim 2865 11/11/2005. Reported at Times, Dec 5 2005
R v Adimi (1999)
False documentation offences and Article 31 of the Refugee Convention.
[1999] EWHC 29/7/1999. Reported at (2001) QB 667
Frances Webber and Stephanie Harrison
The team covers all areas of general immigration law including business and labour immigration, migration for study and family reunion. Members advise children’s guardians and local authorities on immigration-related aspects of Children Act proceedings. Important cases include:
Singh v Entry Clearance Officer New Delhi (2004)
Adoption and immigration
[2004] EWCA Civ 1075 30/7/04
Stephanie Harrison
Miftari Secretary of State for the Home Department (2005)
Jurisdiction of IAT to interfere with first-instance decision.
[2005] EWCA Civ 481 18/5/2005
Femi Omere
R v Secretary of State for the Home Department ex parte Arman Ali (2000) (no link)
Family reunion and recourse to public funds.
[1999] EWHC 28/10/1999. Reported at (2000) Imm AR 134
Stephanie Harrison
A number of team members have also been involved in the high-profile ECHR and UK litigation concerning Khodorkovsky, Berezovsky etc. We have also been involved in areas of constitutional and international law.
M v Home Office (1993)
Secretary of State's liability in contempt of court for removal in breach of undertaking.
[1993] UKHL 5 27/7/1993. Reported at (1993) 3 WLR 433.
Rick Scannell
R v Secretary of State for the Foreign & Commonwealth, ex parte Bancoult (2000)
Removal of Chagos Islanders from island.
[2000] EWHC 3/11/2000. Reported at (2001) QB 1067
Laurie Fransman QC
Re. Pinochet (1999)
Extradition, diplomatic immunity, crimes against humanity.
[1999] UKHL 52 15/1/1999. Reported at (2000) 1 AC 119
Owen Davies QC
Publications and training
We are committed to maintaining high standards of legal expertise at the Bar and in the other branches of the profession, and aim to achieve this through publications and through training. The team is involved in many of the leading publications in the field. Our publications include:Macdonald’s Immigration Law and Practice, Fransman’s Nationality Law and Practice Halsbury’s Laws (British Nationality, Immigration and Asylum) Blakcstone’s Criminal Practice 2007 (Immigration Offences) JCWI Handbook on Immigration, Nationality and Refugee Law 2006, Free Movement of Persons in the Enlarged European Union Asylum Law and Practice Team members also contribute to Butterworths’ Immigration Law Service andthe Immigration and Nationality Law Reports.
We see training as an important part of our role. Over the years, publishers such as Butterworths have published some of our highly regarded seminars as books. We regularly teach courses and give papers and seminars; in particular, many of us provide ILPA and LAG training. In addition, we have run training days with Liberty and for legal service providers outside London in Manchester, Liverpool, Birmingham and Leeds. Some members have served on Law Society and Bar Council committees, and have made interventions on policy and law reform.
Immigration Clerks
If you would like more information about our immigration team email the clerks immigrationclerks@gclaw.co.uk
or call us on 020 7993 7600 or use our direct fax of 020 7269 5633
The team
Members of the Immigration team are listed below - click on their names to go to their profiles.
