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.
Refugee Law
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:
- Shah and Islam (HL) (1999); Fornah (HL) 2006 (women as members of a particular social group under the Refugee Convention)
- Januzi (HL) 2006 (internal relocation and refugee status)
- Hoxha and B (HL) 2005 (cessation provisions of Refugee Convention)
- Sepet (HL) 2003 (conscientious objection and refugee status)
- T (HL) 1996 (exclusion provisions of Refugee Convention and terrorism)
- TI v UK (ECtHR) 2000 (removal of asylum seekers to third country)
- J (CA) 2006 (persecution on groundsof homosexuality)
- Saad, Diriye, Osorio (CA) 2001 (refugee determination procedures)
- ZL (CA) 2003 (fast-track refugee determination procedures)
- Onibiyo (CA) 1996 (fresh asylum claim following refusal)
- Mersin (AC) 2000 (duty to give effect to finding of refugee status)
- Adimi (DC) 1999 (prosecution for false documents and Article 31 of the Refugee Convention)
Humanitarian Protection
- KH and HH Iraq (2008) on the implications of armed conflict and war zones for asylum seekers
Human Rights
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:
- Hilal v UK (ECtHR) 2001 (Article 3 and internal relocation)
- N (HL) 2005 (AIDS sufferer’s removal and Article 3 ECHR)
- Limbuela (HL) 2005 (asylum seekers: destitution, street homelessness and Article 3)
- A (HL) 2004 (indefinite detention of foreign nationals breaches Arts 14 and 5)
- Saadi (HL) 2002 (detention of asylum seekers and Article 5)
- Mahmood (CA) 2000 (Article 8 and expulsion)
- Holub (CA) 2001 (right to education and extra-territoriality)
- Anufriejeva, N and Mambakasa (CA) 2003 (damages for breaches of human rights)
- R (S) (Afghan hijackers) (CA) 2006 (lack of status as breach of Article 8)
- ZT (CA) 2006 (removal of Zimbabwean AIDS sufferer; Articles 3, 8)
- Akaeke (CA) 2005 (delay and Article 8)
- Baiai (AC) 2006 (certificates of approval for marriage and Articles 12 and 14)
EC Law
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:
- Radiom and Shingara (ECJ) 1997 (rights of review for EC nationals excluded on national security grounds)
- Baumbast, R (ECJ) 2002 (residence rights of family members of EC nationals)
- Barkoci and Malik (ECJ) (rights of establishment under Association Agreements)
- Tum (CA) 2004 (rights of establishment under Ankara Agreement)
- McQuillan (HC) 1995 (free movement, human rights and national security)
Nationality
Cases include
- Kaur (ECJ) 2001 (who is British for EC purposes)
- Ullah (AC) 2000 (power for British citizens by descent to naturalise as British citizens otherwise than by descent)
- Montana(CA) (illegitimate children and Secretary of State’s policy to register)
National Security
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:
- Mukhtiar and Paramjit Singh (SIAC) 2000 (application of exclusion clause, Article 3 ECHR)
- Ajouaou and others (SIAC) 2003
- A (HL)2004 (internment of foreign nationals: Article 14 and 5 ECHR)
- JJ and others (CA) 2006 (restrictive control orders and Article 5 ECHR)
Deportation, Removal
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:
- Bakhtaur Singh (HL) 1986 (factors to consider in deciding to deport include person’s value to community)
- M v Home Office (HL) 1993 (Secretary of State’s liability in contempt of court for removal in breach of undertaking)
- N (Kenya) (CA) 2004 (weight to be attached to gravity of offence)
Asylum support, welfare benefits, community care
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:
- Szoma (HL) 2005 (the meaning of ‘lawful presence’ for social security purposes)
- Mani (CA) 2003 (destitution and National Assistance Act)
- O, Bhikha (CA) 2000 (immigration status and welfare entitlement)
- JCWI, B (CA) 1996 (deprivation of support from asylum seekers)
- Reffell (AC) 2000 (payment for NHS treatment)
Detention and False Imprisonment
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:
- A v SSHD (HL) 2004 (internment of foreign nationals unlawful)
- Mahmod (DC) 1995 (when detention becomes unlawful)
- I, D (CA) 2005 (damages for unlawful detention)
- D, K (AC) 2006 (unlawful detention of minors)
Immigration crime
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:
- Adimi (DC) 1999 (false documentation offences and Article 31 of the Refugee Convention)
- Navabi and Embaye (CA) 2005 (arrival with no documents and Article 31)
- Makuwa (CA) 2005 (arrival with false documents)
Other areas
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:
- Arman Ali (HC) 2000 (family reunion and recourse to public funds)
- Singh (CA, ECtHR) 2002, 2004 (adoption and immigration)
- Miftari(CA) 2005 (jurisdiction of IAT to interfere with first-instance decision)
- PE, AI (CA) 2006 (jurisdiction and procedure of AIT on reconsideration)
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.
Notable cases include
- Pinochet (HL) 1999 (extradition, diplomatic immunity, crimes against humanity)
- Bancoult (HC) 2000 (removal of Chagos Islanders from island)
- M v Home Office (HL) 1994 (liability of Home Secretary in contempt of court)
- Parmaksiz (Admin Ct) 2006 (liability IND staff for contempt of court)
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.
