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Immigration Legal Resources


Appeals & Judicial Review

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Tribunals Courts Enforcement Act 2007
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration Tribunal Procedure Rules 2005
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971

Some of our recent notable cases
R (on the app of RQ (Jordan) v Secretary of State for the Home Department and Upper Tribunal (Immigration and Asylum Chamber) (2014)
A refusal to adjourn a detained fast track asylum case was declared unlawful and application for judicial review was granted.
[2014] EWHC 559 (Admin) 5/3/2014
Ronan Toal & Anthony Vaughan
R (on the app of Ignaoua) v Secretary of State for the Home Department (2013)
In a short and clear judgment the Court of Appeal declared unlawful the powers which the Home Secretary gave herself to terminate judicial review proceedings without further order of the court. This unprecedented power, which was contained in a Commencement Order made under the Justice and Security Act 2013 gave the Home Office powers to end court proceedings in which it was a defendant.
[2013] EWCA 1498 Civ 21/11/2013
Stephenie Harrison QC
JD (Congo) and others v Secretary of State for the Home Department (2012)
The Court of Appeal clarified the approach to the "some other compelling reason" limb of the second tier appeals test.
[2012] EWCA Civ 327 16/3/2012. Reported at Times, May 28, 2012
Anthony Vaughan
SH (Afghanistan) v Secretary of State for the Home Department (2011)
Fast Track immigration hearings must be adjourned, and if necessary, taken out of the Fast Track, in order to allow a party to answer the case again him by way of evidence (e.g. to secure his own social work report on age, in an age dispute case).
[2011] EWCA Civ 1284 8/11/2011
Stephen Knafler QC and Shu Shin Luh
FA (Iraq) v Secretary of State for the Home Department (2010)
The Court of Appeal provided guidelines on the applicability of the "second appeals rule" in the Appeals from the Upper Tribunal to the Court of Appeal Order 2008.
2010] EWCA Civ 827 28/6/2010
Stephen Knafler QC
MS (Palestinian Territories) v Secretary of State for the Home Department (2010)
Jurisdiction of the AIT in case involving an immigration 'decision to remove' where removal not legally feasible pursuant to Schedule 2 1971 Act.
[2010] UKSC 25 16/6/2010. Reported at [2010] INLR 475
Stephen Knafler QC and Duran Seddon
BA (Nigeria) v Secretary of State for the Home Department : PE (Cameroon) v Secretary of State for the Home Department (2009)
A repeat claim could be allowed to proceed on the basis of an in-country appeal on the basis that the original claim had been rejected but not wholly classified as unfounded or excluded under the Nationality, Immigration and Asylum Act 2002 s.96.
[2009] UKSC 7 26/11/2009. Reported at (2009) 3 WLR 1253.
Ronan Toal
AS (Afghanistan) and NV (Sri Lanka) v Secretary of State for the Home Department (2009)
Re. the scope of the AIT's jurisdiction to hear appeals on grounds that have been raised by appellants after the Secretary of State has made a decision refusing an initial application.. This appeal concerned the interpretation of the one-stop appeals system within the Nationality, Immigration and Asylum Act 2002.
[2009] EWCA Civ 1076 20/10/2009. Reported at [2010] INLR 111.
Rick Scannell and Omar Shibli
R (on the app of AM (Somalia)) v Secretary of State for the Home Department (2009)
Re. the removal under safe third country certificate and validity of in-country appeal. There were strong grounds that removal would cause a deterioration in the asylum seeker's health and a claim against removal under Reg. 343/2003 was not unfounded.
[2009] EWCA Civ 114 25/2/2009. Reported at [2009] Imm AR 534
Ronan Toal
AM (Serbia) v SSHD (2007)
Re. the legality of the Procedure Rule restricting the scope of a reconsideration to the grounds on which IAT granted leave to appeal.
[2007] EWCA Civ 16 25/1/07. Reported at [2007] INLR 211.
Kathryn Cronin
R (on the application of Fahim Badur) (Claimant) v (1) Birmingham Crown Court (2006)
Conviction quashed. Wrongful charge deprived defendent of Refugee Convention defence.
[2006] EWHC 539 (Admin) 20/3/06
David Jones
DK (Serbia) v SSHD (2006)
Scope of reconsideration of Asylum and Immigration Appeals Tribunal decisions and procedure to be followed.
[2006] EWCA Civ 1747 20/12/06. Reported at (2007) 2 All ER 483 & [2007] INLR 166
Frances Webber
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

Useful links
Immigration and Asylum Chamber: First Tier
Immigration and Asylum Chamber: Upper Tribunal (useful case-law)
Office of the Immigration Services Commissioner
UK Border Agency : Guide to the Appeals process
Civil Procedure Rules: Judicial Review CPR section 54
2006 House of Commons Research Paper on Judicial Review claims in the Administrative Courts

Asylum & Refugee Law

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971

Some of our recent notable cases
R (MA, BT, DA) v Secretary of State for the Home Department (2013)
Whether unaccompanied minor asylum seekers could ever be removed under Dublin II to the Dublin State where they first claimed asylum.
European Court of Justice C-648/11 6/6/2013. Reported at [2014] Imm AR 20.
Stephen Knafler QC, Kathryn Cronin & Bryony Poynor
SHH v United Kingdom (2013)
Concerned the investigative duty of a State regarding medical evidence, the burden of proof as to the availability of support in the country of origin, the approach to be taken to the return of disabled asylum seekers.
[2013] ECHR 102 29/1/2013 ECHR App. No. 60367/10
Mark Symes
R (Hussain) v Secretary of State for the Home Department (2012)
Successful challenge to the Sectretary of State's refusal to grant indefinite leave to remain to an Iraqi man who had hijacked a Sudanese airbus in 1996.
[2012] EWHC 1952 (Admin) 13/7/2012
David Jones & Helen Foot
R (FZ) v London Borough of Croydon (2011)
Case concerned child arriving alone in the UK having fled persecution abroad. The age of the child was disputed. Court of Appeal gave new guidance to courts and councils on how to resolve disputes about the ages of children and young people.
[2011] EWCA Civ 59 1/2/2011
Jan Luba QC & Shu Shin Luh
HJ (Iran) & HT (Cameroon) v Secretary of State for the Home Department (2010)
Successful representation of gay asylum seeker in a case that recognised that the Refugee Convention protects against persecution for 'reason of the protected characteristic'.
[2010] UKSC 31 7/72010. Reported at Times, July 9 2010
Peter Jorro
T (R on the app of) v Secretary of State for the Home Department (2010)
Argued the Dublin II Regulation does not apply to unaccompanied minors (who thus could not be returned to third countries); and that the Home Office policy of 'same day removal' without notice was an affront to the principle of effective access to justice.
[2010] EWHC 435 (Admin) 18/2/2010
Kathryn Cronin
BA (Nigeria) v Secretary of State for the Home Department : PE (Cameroon) v Secretary of State for the Home Department (2009)
A repeat claim could be allowed to proceed on the basis of an in-country appeal on the basis that the original claim had been rejected but not wholly classified as unfounded or excluded under the Nationality, Immigration and Asylum Act 2002 s.96.
[2009] UKSC 7 26/11/2009. Reported at (2009) 3 WLR 1253.
Ronan Toal
EN (Serbia) v Secretary of State for the Home Department; Secretary of State for the Home Department v KC (South Africa) (2009)
Earlier Tribunal decision had applied too high a test for sufficiency of protection in deciding whether to deport respondent to South Africa.
[2009] EWCA Civ 630 26/6/2009. Reported at Times, July 30 2009
Kathryn Cronin
R (on the app of AM (Somalia) v Secretary of State for the Home Department (2009)
Re. the removal under safe third country certificate and validity of in-country appeal. There were strong grounds that removal would cause a deterioration in the asylum seeker's health and a claim against removal under Reg. 343/2003 was not unfounded.
[2009] EWCA Civ 114 25/2/2009. Reported at [2009] Imm AR 534
Ronan Toal
MH (Syria) v Secretary of State for the Home Department: DS (Afghanistan) v Secretary of State for the Home Department (2009)
When establishing whether a person was guilty of acts under article 1F of the 1951 UN Convention relating to the Status of Refugees, matters relating to previous involvement with a terrorist organisation could not be applied.
[2009] EWCA Civ 226 24/3/2009. Reported at (2009) 3 All ER 564
Mark Muller QC and Edward Grieves
MT (Afghanistan) v Secretary of State for the Home Department (2008)
Case concerned the removal of a Christian convert to Afghanistan following findings by AIT that there was no risk on return. Court of Appeal quashed AIT decisions.
[2008] EWCA Civ 65 18/1/2008
David Jones
CM (Kenya) v Secretary of State for the Home Department (2007)
Re. internal relocation to home country of Kenya where appellant was fleeing female genital mutilation. Previous claim for asylum refused.
[2007] EWCA Civ 312 13/2/2007. Reported at Immigration Law Update Vol 10(3) 3
Valerie Easty
AA (Afghanistan) (Appellant) v SSHD(Respondent) & Medical Foundation for the Care of Victims of Torture (Intervener) (2007)
Re. the proper approach to the return of unaccompanied minors to their countries of origin
[2007] EWCA Civ 12 29/1/07. Reported at Times February 2, 2007
Nadine Finch.
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
Gedow and Ors (2006)
Regarding the residual risk to persons facing removal to Mogadishu Somalia, and the issue of protection by clan militia
[2006] EWCA Civ 1342 17/10/06
Ronan Toal, Frances Webber, Femi Omere
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
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
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
YD(Turkey) v Secretary of State (2006)
Inherent power of Court of Appeal to order stay on removal where an appeal from AIT lodged out of time
[2006] EWCA Civ 52 8/2/06. Reported at [2006] 1 WLR 1646, Times 28 February 2006
Adrian Berry
Re B: R v Special Adjudicator ex parte Hoxha (2005)
Cessation provisions of the Refugee Convention
[2005] UKHL 19 10/3/05. Reported at (2005) All ER 580.
Femi Omere
Atkinson v Secretary of State for the Home Department (2004)
Would Jamaican state protection be sufficient to protect the applicant if they were to be returned there
[2004] EWCA Civ 846 1/7/04. Reported at (2004) ACD 71.
David Jones
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
R (Ozcan) v IAT (2002)
Risk on return to Turkey for Kurdish asylum seekers
[2002] EWCA Civ 1133 30/7/02
Ronan Toal
PLJin Tao He v Secretary of State for the Home Department (2002) (no link)
Chinese religious sect member fearing persecution
[2002] EWCA Civ 1150 12/7/02. Reported at [2002] Imm AR 590
Peter Jorro
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

Useful links
Asylum Policy Instructions (IND) 
Refugee Council Guides to making an asylum application
Free Movement: Updates and commentary on immigration and asylum law
Asylum Support Adjudicators 
Refugee Caselaw:international refugee law by theme and country
Forced Migration blogcurrent awareness service highlighting web research and information relating to refugees, asylum seekers and internally displaced persons
UN Refugee Convention and Protocol 
European Council on Refugees and Exiles 
International Asylum materials (by country) 
US Committee for Refugees and Immigrants
ReliefWeb: Excellent site for information on current global Emergencies and Natural Disasters 
Internal Displacement Monitoring Centre 
University of Texas Maps Library 
European Country of Origin Network: comprehensive database of country of origin information
Forced Migration online: International research and news on human displacement and forced migration 
Refugee Case Law Site 
Refugee Womens’ Resource Project 
EIN Asylum and Refugee Resource
Liberty's Guide to the Right to Seek Asylum


Books
Asylum Law and Practice (2nd edition, 2010) by Garden Court Chambers barristers Mark Symes and Peter Jorro

Asylum Law and Practice


Asylum Support (Community Care and Welfare Benefits)

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Human Rights Act 1998
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971

Some of our recent notable cases
R (SL) v City of Westminster (2013)
A mentally ill and destitute asylum-seeker who needed monitoring and befriending was not in need of "care and attention" for the purposes of section 21 of the National Assistance Act 1948.
[2013] UKSC 27 9/5/2013. Reported at [2013] 1 WLR 1445.
Stephen Knafler QC & Adrian Berry
R (A) v London Borough of Newham (2013)
A refusal by a local authority to provide accommodation to the claimant and her mother under the Children Act 1989 s.17 was wrong as she had not made a claim for asylum/article 3 and thus s.122 of the Immigration and Asylum Act 1999 did not apply.
[2013] EWHC 344 (Admin) 28/2/2013
Shu Shin Luh
FZ, R (on the application of) v London Borough of Croydon (2011)
The leading case on the correct threshold for granting permission for the judicial review of local authority age assessments of young people.
[2011] EWCA Civ 59. Reported at (2011) HLR 22
Jan Luba QC & Shu Shin Luh
JA (Ivory Coast), ES (Tanzania) v Secretary of State for the Home Department (2009)
Article 8 of the Convention applied to foreign nationals who had been granted ELR, then DL, to remain in the UK to receive treatment for HIV+. The law as stated in N v Secretary of State for the Home Department [2005] UKHL 31, [2005] 2 AC 296, did not apply to them and the Court had to decide whether their removal was proportionate.
[2009] EWCA Civ 1353 14/12/2009. Reported at Times, February 02, 2010 and [2010] INLR 353.
Stephen Knafler
R (on the app. of C) v Birmingham City Council (2008)
Successful application for judicial review of local authority's decision to stop funding housing costs of family unlawfully residing in the country and instead fund the removal of the family, breaching the family's human rights.
[2008] EWHC 3036 18/11/2008 Reported at (2009) 1 All ER 1039
Nadine Finch
R (on the app of M) v Slough Borough Council (2008)
Local authority was not required to accommodate asymptomatic HIV+ asylum seeker.
[2008] UKHL 52 30/7/2008. Reported at (2008) 4 All ER 831 and [2008] HLR 44.
Stephen Knafler
London Borough of Harrow v Ibrahim and SSHD (2008)
Case concerning the ability of non-EU national mother to access homelessness assistance as the mother of children with a continued right of education in the UK under EU law.
[2008] EWCA Civ 386 21/4/2008
Nicola Rogers
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. Reported at (2008) 11 CCLR 358.
Stephen Knafler
R (D, G) v Leeds City Council and Secretary of State for the Home Department (2007)
The accomodation needs of destitute expectant and nursing mothers, who were failed asylum seekers, were the responsibility of the Home Office and not of local authorities.
[2007] EWHC 3275 (Admin) 11/12/2007
Stephen Knafler
R(H) & others v Wandsworth, Lambeth and Islington London Borough Council (2007)
Homeless children in need must be accommodated under Children Act 1989, s 20 and not s 17. This case brings to an end the practice of many local authorities of accommodating child asylum-seekers, and others, under s 17, when those children meet the s 20 criteria.
[2007] EWHC 1082 Admin 23/4/2007. Reported at [2007] 2 FLR 822.
Stephen Knafler
R (AW, DAY) v Croydon LBC (2005)
Local authorities not SSHD responsible for destitute plus failed asylum-seekers (if lawfully present or with pending, non-abusive fresh representations)
[2005] EWHC Admin 2950 16/12/05. Reported at Times, May 11 2007.
Stephen Knafler
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
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 (Grant) v Lambeth LBC (2004)
Test case on Schedule 3 of Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 1711 16/12/04. Reported at [2005] 1 WLR 1781
Stephen Knafler
R (M) v Islington LBC/SSHD (2004)
Test case on section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 235 2/4/04. Reported at [2005] 1WLR 884
Stehen Knafler
The Queen on the application of Berhe (2003)
Assistance provided to unaccompanied asylum-seeking child
[2003] EWHC 2075 (Admin) 29/8/03. Reported at (2004) 1 FLR 439.
Nadine Finch and Jan Luba QC
R (DTS) v SSHD (2003)
Test case on Article 3 and asylum support
[2003] EWHC Admin 1941 31/7/03 . Reported at (2003) UKHRR 1321.
Stephen Knafler
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
R (Q) v SSHD (2003)
Test case on section 55 of the Nationality, Immigration and Asylum Act 2002
[2003] EWCA Civ 364 18/3/03 [2004] QB 36
Stephen Knafler
Al-Ameri v Royal Borough of Kensington & Chelsea and Osmani v London Borough of Harrow (2003)
Local authority's housing of asylum seekers and preferences of asylum seeker.
[2003] EWCA Civ 235 28/2/03. Reported at (2003) 1 WLR 1289
Jan Luba QC
O v Wandsworth LBC (2000)
Destitute applicants for ELR on the grounds of illness not excluded from assistance under National Assistance Act 1948 by the Asylum and Immigration Act 1999
[2000] EWCA 201 22/6/00. Reported at [2000] 1 WLR 2539
Stephen Knafler

Useful links
Seeking Support: Guide to the rights of separated refugee and migrant children (Coram Children's Legal Centre)
Report by Garden Court Chambers barrister Nadine Finch 'Seeking Asylum Alone: Unaccompanied and Separated Children and Refugee Protection in the UK'
Housing Rights Information for New Arrivals to the UK
Liberty's Guide to Asylum Support and the Right to Work
Accessing Accommodation and Housing Support (Shelter Guide, June 2012)
Guide to entitlements to NHS treatment for asylum seekers in the UK (Department of Health)
ASAP: Asylum Support Appeals Project
Home Office Guide to all aspects of support for asylum seekers 
Separated Asylum Seeking Children in European Union Member States (FRA Report)
Refugee Action: campaigning for better treatment of refugees and asylum-seekers in the UK 
Asylum Aid: Resources and links relating to HIV/AIDS and women's issues.
Refugee Council: advice and support to refugees in the UK 
British Institute of Human Rights: a guide to the human rights of refugees and asylum seekers in the UK 
Joint Council for the Welfare of Immigrants

Books
Support for Asylum-seekers and other Migrants: a guide to legal and welfare rights (3rd edition, 2009) by Sue Wilman and Garden Court Chambers barrister Stephen Knafler QC

Stephen Knafler

Deportation & Expulsion

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971

Some of our recent notable cases
MF (Nigeria) v Secretary of State for the Home Department (2013)
The judgment of the UT had been correct in it's decision not to deport a foreign criminal. It was found that the Tribunal had conducted a meticulous assessment of the factors in favour of and against deportation and sufficient weight had been given to them.
[2013] EWCA Civ 1192 8/10/2013. Reported at (2014) 1 WLR 544 and (2014) INLR 18
Duran Seddon & Navtej Singh Ahluwalia
J1 v Secretary of State for the Home Department (2013)
It had been wrong for SIAC to leave the ultimate decision as to whether return would be safe to the Secretary of State where the Appellant had brought the issue before SIAC for determination, and in circumstances which would have the result of cutting down the Appellant's rights.There was in reality at the time of the SIAC hearing an unacceptable risk of persecution on return contrary to Article 3.
[2013] EWCA Civ 279 27/3/2013
Stephanie Harrison
Rhomaine Mohan v Secretary of State for the Home Department (2012)
The Upper Tribunal had acted unlawfully in dismissing an appeal against deportation in circumstances where the deportee was engaged in extant family proceedings concerning the best interests of his child. In so holding the Court relied upon the procedural protection afforded by Article 8 ECHR and the submission that by dismissing the deportation appeal the Tribunal had impermissibly pre-empted and prejudiced the family proceedings. Unanimous judgment.
[2012] EWCA Civ 1363 23/10/12. Reported at [2013] Imm AR 210.
Adrian Berry
Peart v Secretary of State for the Home Department (2012)
Deportation appeal allowed on the basis that the immigration judge had failed to properly consider the appellant's child's best interests, failed to consider the best interests of all family members cumulatively and in the round, and had failed to give the appellant credit for evidence of positive change.
[2012] EWCA Civ 568 1/5/2012
Stephen Knafler QC & Alex Grigg
W (Algeria) & Ors v Secretary of State for the Home Department (2010)
Represented VV and PP in a challenge to the statutory exclusion of the common law right to an irreducible minimum standard of fairness in appeals against deportation in national security cases.
[2010] EWCA Civ 898 29/7/2010. Reported at (2012) 2 All ER 699.
Stephanie Harrison
Tshiteya, R (on the app of) v Secretary of State for the Home Department (2010)
Successful application for judicial review of a refusal of a fresh claim for asylum.
[2010] EWHC 238 (Admin) 1/2/2010
Peter Jorro
HH (Iraq) v Secretary of State for the Home Department (2009)
Case determined the unlawfulness of the Home Office approach to asylum seekers from active war zones. The ruling went on to affect many other cases requiring deportation decisions against Iraqi nationals to be withdrawn.
[2009] EWCA Civ 727 14/7/2009.
Mark Symes
N v Secretary of State for the Home Department (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
N (Kenya) v Secretary of State for the Home Department (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
Hilal v UK (2001)
Deportation of applicant to Tanzania would be in breach of his human rights under Article 3 ECHR
European Court of Human Rights App No. 00045276/99 6/3/01
Nicola Rogers

Useful Links
Report entitled 'Outsourcing Abuse' investigating cases of alleged physical assault and racial abuse by private security firms involved in the deportation process.
UK Border Agency Immigration Rules: Deportation

Detention

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971

Some of our recent notable cases
Pratima Das, R (on the application of) v Secretary of State for the Home Department (2014)
The judgment gives importance guidance on when the Home Secretary can lawfully detain people with serious mental illnesses who are liable to be removed from the UK.
[2014] EWCA Civ 45 28/1/2014
Stephanie Harrison QC & Michelle Brewer
Ismail, R (on the application of) v Secretary of State for the Home Department (2013)
The immigration detention of a Somali national was ruled unlawful. The man, who had been resident in the UK for 20 years, had been held in immigration detention for 18 months following a conviction for actual bodily harm. The purpose of this was to allow the Secretary of State to consider whether or not to make a deportation order against him. The Court ruled nine months of it to be unlawful.
[2013] EWHC 3921 (Admin) 13/12/2013
Greg Ó Ceallaigh
Saleh (Sudan) R (on the app of) v Secretary of State for the Home Department (2013)
A Sudanese claimant who had been convicted of sexual offences against young girls was in immigration detention for 15 months awating secretary of state's decision on whether to deport him. During an unaccounted for period during which little or no administrative action had taken place, 8 months of that delay could be seen as unreasonable and the claimant's appeal was allowed.
[2013] EWCA 1378 12/11/2013
Stephen Knafler QC & Mark Symes
Pacha Khan Durani v Sectretary of State for the Home Department (2013)
A local authority had not complied with the correct age assessments on a foreign national as required by R (B) v Merton London Borough Council [2003] EWHC 1689 (Admin). The detention of this unaccompanied minor had been unlawful.
[2013] EWHC 284 (Admin) 19/2/2013
Shu Shin Luh
R (on the application of HA (Nigeria) v Secretary of State for the Home Department (2012)
The claimant's immigration detention during two periods in 2010 and the policy introduced on 26 August 2010 in relation to the detention of people with mental illness had been unlawful.
[2012] EWHC 979 (Admin)
Stephanie Harrison
R (on the application of Amin Sino) v Secretary of State for the Home Department (2011) (no link available)
Successfully brought a judicial review challenge to the lawfulness of the Defendant's decision to detain Amin Sino pending deportation. The High Court, in what is thought to be one of the longest periods of immigration detention, ruled that the entire detention, for 4 years 11 months, was unlawful from the outset. Judgment was strikingly critical of the Secretary of State.
[2011] EWHC 2249 (Admin) 25/8/2011
Stephanie Harrison
NXT & others v Secretary of State for the Home Department (2011)
The case involved a mother who was held in immigration detention after serving a criminal sentence and the failure to take into account the welfare of her children who were variously placed in the community.
[2011] EWHC 969 (Admin) 15/4/2011
Nadine Finch, Kathryn Cronin & Stephanie Harrison
AO (Iraq) v Secretary of State for the Home Department (2010)
Achieved damages for unlawful detention for the Claimant in an important test case about the treatment of Iraqi nationals in the context of the failure of the Home Office to follow lawful detention policies; a lead case on alternative remedies and unlawful detention.
[2010] EWCA Civ 1637 30/11/2011
Mark Symes
Anam v Secretary of State for the Home Department (2010)
Concerned the legality of detention under the Immigration Act 1971, with particular reference to the failure of the Secretary of State to apply his own policy on the detention of the mentally ill.
[2010] EWCA Civ 1140 19/10/10. Reported at (2011) ACD 14.
Ian MacDonald QC & Sadat Sayeed
Muuse v Secretary of State for the Home Department (2010)
Although the Judge applied the wrong test for misfeasance in public office his award of exemplary damages was upheld. It had not been necessary to show reckless indifference as to the illegality of his actions, or high-handed or similar conduct. The Secretary of State's detention of Mr Muuse had been an outrageous breach of the law.
[2010] EWCA Civ 453 27/4/2010. Reported at Times, 10 May 2010
Stephen Knafler QC
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. Reported at [2008] INLR 436.
Rick Scannell and Duran Seddon
R (on the app. of Bashir) v Secretary of State for the Home Department (2007)
Continued detention of person awaiting deportation was unlawful now that there was no prospect of enforced removal and only voluntary removal could be considered.
[2007] EWHC 3017 (Admin) 30/11/2007.
David Jones
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
R (on the app. of D) v SSHD (2006)
Unlawful detention of minors
[2006] EWHC Admin 980 22/5/06
Stephanie Harrison
ID & Others v Home Office (2005)
Intervened on behalf of Bail for Immigration Detainees and the Immigration Law Practitioners Association in order to raise concerns about the detention of children in immigration removal centres and consequent breaches of the UN Convention on the Rights of the Child.
[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

Useful links
BID (Bail for Immigration Detainees organisation) 
Liberty's Guide to Immigration Detention
The Detention Forum
Association of Visitors to Immigration Detainees 
Barbed Wire Britain: Network to end Migrant and Refugee Detention (collection of testimonies and information on UK detention centres

Economic Migration & Work Permits

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971

Some of our recent notable cases
Patel & Ors v Secretary of State for the Home Department (2012)
A person who had arrived in the UK in 2005 under the Highly Skilled Migrant Programme but, following unlawful changes to the Programme in 2006, had returned to his country of origin, had had his required period of residence cut short and had therefore been unfairly prevented from obtaining indefinite leave to remain.
[2012] EWHC 2100 (Admin) 24/7/2013
Duran Seddon
Secretary of State for Home Department v Pankina and others (2010)
Regarding the application of Article 8 in points based system claims.
[2010] EWCA Civ 719 23/6/2010. Reported at (2010) 3 WLR 1526 & [2010] Imm AR 4
Ronan Toal
Low & Ors, R (on the app. of) v Secretary of State for the Home Department (2010)
Whether the decision of the Secretary of State to refuse residence documents to third country nationals otherwise unlawfully present in the UK was contrary to the freedom to provide services under Article 49 of the EC Treaty when such nationals were temporarily employed by an Irish company with a contract to provide services in the UK.
[2010] EWCA Civ 4 14/1/2010. Reported at (2010) ICR 755
Adrian Berry
R (Payir and others) v Secretary of State for the Home Department (2008)
Earning the right to work after entry as a student.
ECJ Case C-294/06 24/1/2008. Reported at [2008] 1 WLR 1910.
Nicola Rogers
Lui v Secretary of State for the Home Department; Wang v Secretary of State for the Home Department (2007)
Concerning the rights of EU national children to be accompanied by their non-EU national parents and the right of those parents to work in the UK.
[2007] EWCA Civ 1275 25/10/2008.
Frances Webber and Nicola Rogers
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 [2008] 1 WLR 94
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

Useful links
International Organisation for Migration
Free Movement: Updates and commentary on immigration and asylum law
UK Immigration and Visa Services
Migration Policy Group (Country Reports available)
OECD International Migration Reports
Working in the UK: Home Office Guidance
Migrant Rights Network

European Community Law

Some of the primary legislation
The Immigration (European Economic Area) Regulations 2006 (SI 2006/1003)
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

Some of our recent notable cases
Secretary of State for Work and Pensions v Maria Dias (2011)
The case concerned the question of to what extent in the context of Article 16 of Directive 2004/38/EC periods of residence which ended before the transposition period for that directive expired on 30 April 2006 are to be taken into account.
ECJ Case C-325/09 21/7/2011
Adrian Berry
Harrow London Borough Council v Ibrahim (2010)
Case concerned Regulation 1612/68 art. 12 and the right to residence of children whose parent is an EU national and is or was employed in that member state.
ECJ Case C-310/08 23/2/10. Reported at [2010] HLR 31
Nicola Rogers
BY v Secretary of State for the Home Department (2008)
The application of EC law to an entry clearance application where national security forms the grounds for exclusion.
[2008] UKSIAC 65/07 7/11/2008
Adrian Berry
Teixeira v London Borough of Lambeth & Anor (2008)
Whether an EEA national who is both a former worker and the primary carer of her children who are in education, is eligible for homelessness assistance. Referred to ECJ.
[2008] EWCA Civ 1088 10/10/2008. Reported at (2009) HLR 9
GC (China) v Secretary of State for the Home Department (2008)
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.
[2008] EWCA Civ 623 14/5/2008
Adrian Berry
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
The Queen v SSHD ex parte Kaur (2001)
Who is British for EC purposes
European Court of Justice 20/2/01 C-192/99

Useful links
Separated Asylum Seeking Children in European Union Member States (FRA Report)
Refugee Council Report on EU Asylum Policy (2006)
European Union Legislation (search pages) 
European Court of Justice (EU cases)

Family & Immigration Law

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971

Some of our recent notable cases
Rhomaine Mohan v Secretary of State for the Home Department (2012)
The Upper Tribunal had acted unlawfully in dismissing an appeal against deportation in circumstances where the deportee was engaged in extant family proceedings concerning the best interests of his child. In so holding the Court relied upon the procedural protection afforded by Article 8 ECHR and the submission that by dismissing the deportation appeal the Tribunal had impermissibly pre-empted and prejudiced the family proceedings. Unanimous judgment.
[2012] EWCA Civ 1363 23/10/12
Adrian Berry
Peart v Secretary of State for the Home Department (2012)
Deportation appeal allowed on the basis that the immigration judge had failed to properly consider the appellant's child's best interests, failed to consider the best interests of all family members cumulatively and in the round, and had failed to give the appellant credit for evidence of positive change.
[2012] EWCA Civ 568 1/5/2012
Stephen Knafler QC & Alex Grigg
NXT & others v Secretary of State for the Home Department (2011)
The case involved a mother who was held in immigration detention after serving a criminal sentence and the failure to take into account the welfare of her children who were variously placed in the community.
[2011] EWHC 969 (Admin) 15/4/2011
Nadine Finch, Kathryn Cronin & Stephanie Harrison
R (Clue) v Birmingham (2010)
A local authority had been wrong to deny assistance to a family awaiting a decision on their application for indefinite leave to remain in the UK. Consideration should have been paid to their welfare whilst their application was in process.
[2010] EWCA Civ 460 29/4/2010. Reported at (2010) 4 All ER 423
Stephen Knafler QC & Nadine Finch
EM (Lebanon) v SSHD (2008)
Removal of mother and child to Lebanon, where they would be separated would breach article 8 of the ECHR.
[2008] UKHL 64 22/10/2008. Reported at [2009] INLR 123.
Frances Webber and Stephanie Harrison
R (Baiai) v Secretary of State for the Home Department (2008)
Whether a certificate of approval for marriage can be refused to an illegal entrant who asserts the right to marry under Article 12 ECHR
[2008] UKHL 53 30/7/2008. Reported at (2008) 3 WLR 549
Adrian Berry
AL (Serbia) v SSHD (2008)
The case concerned the family 'indefinite leave to remain' exercise and whether it was unlawful to exclude unaccompanied minors from its ambit
[2008] UKHL 42 25/6/2008. Reported at (2008) 1 WLR 1434.
Nicola Rogers
(1) KG (Sri Lanka) (2) AK (Sri Lanka) v Secretary of State for the Home Department (2008)
Concerning the compatability of the Immigration (EEA) regulations 2006 with EC Directive 2004/38 on the rights of extended family members to reside with EU nationals in the UK.
[2008] EWCA Civ 13 25/1/2008. Reported at [2008] INLR 220.
Nicola Rogers
Singh v Entry Clearance Officer New Delhi (2004)
Adoption and immigration
[2004] EWCA Civ 1075 30/7/04
Stephanie Harrison
Azad v SSHD (2000) (no link)
Validity of marriage
[2000] EWCA 20/12/00
Rick Scannell
R v SSHD ex parte Mahmood (2000)
Whether rights of applicant to family life would be threatened following his removal to Pakistan.
[2000] EWCA Civ 315 8/12/00. Reported at (2001) 1 WLR 840
Frances Webber

Useful links
Association of Visitors to Immigration Detainees 
Nadine Finch’s Report ‘Seeking Asylum Alone’ which examines the treatment of separated and trafficked children seeking asylum within the UK
Family Rights Group Advice Sheets for Families involved with social services

Books
Immigration Practice and Procedure in Family Proceedings (Jordan Publishing, 2013) by Nadine Finch, Omar Shibli and Anthony Vaughan

Finch book


Human Rights

Some of the primary legislation
Human Rights Act 1998

Some of our recent notable cases
EM (Eritrea), R (on the app of) v Secretary of State for the Home Department (2014)
Landmark judgment on the appropriate test for assessing whether reception conditions for asylum seekers in a European Union member state are so inadequate as to amount to inhuman and degrading treatment.
[2014] UKSC 12 19/2/2014
Mark Symes
R (on the app of SQ (Pakistan)) & anor v Upper Tribunal Immigration & Asylum Chamber & anor (2013)
Concerned concerned a 16 year old claimant who suffered from life-threatening medical condition and the implications of this on leave to remain in the UK under article 8 and article 3 of ECHR.
[2013] EWCA Civ 1251 22/10/13
Stephen Knafler QC & Mark Symes
Akhalu v Secretary of State for the Home Department (2013)
Successfully argued that the removal of claimant, a kidney transplant patient, would constitute a disproportionate interference with her Article 8 right to respect for private life and would almost certainly entail death within weeks.
Upper Tribunal (Immigration & Asylum Chamber) App no. IA/20559/2012 24/7/2013
Ronan Toal
R (on the app of JB (Jamaica)) v Secretary of State for the Home Department (2013)
The scale of homophobic persecution in Jamaica resulted in its being unlawful to "designate" Jamaica. Further, JB's detention under the detained bib-suspensive appeal and fast track schemes had been unlawful because of the Secretary of State's failure to carefully assess whether his case could be determined speedily when, rationally,
[2013] EWCA Civ 666 12/6/2013. Reported at [2014] Imm AR 105
Stephen Knafler QC
SHH v United Kingdom (2013)
Concerned the investigative duty of a State regarding medical evidence, the burden of proof as to the availability of support in the country of origin, the approach to be taken to the return of disabled asylum seekers.
[2013] ECHR 102 29/1/2013 ECHR App. No. 60367/10
Mark Symes
R (on the application of HA (Nigeria) v Secretary of State for the Home Department (2012)
The claimant's immigration detention during two periods in 2010 and the policy introduced on 26 August 2010 in relation to the detention of people with mental illness had been unlawful.
[2012] EWHC 979 (Admin)
Stephanie Harrison
UE(Nigeria) & Ors v Secretary of State for the Home Department (2010)
Successfully acted on behalf of immigration appellants who cited their value to the community as a factor to be weighed up when deciding the outcome of their applications to remain in the UK.
[2010] EWCA Civ 975 18/7/2010. Reported at [2011] INLR 97.
Stephen Knafler QC and Patrick Lewis
YD (Togo) v Secretary of State for the Home Department (2010)
When considering the effect of removal on an applicant's right to private life under the European Convention on Human Rights 1950, an applicant's contribution to society could be considered in the balancing exercise.
[2010] EWCA Civ 214 18/5/2010
Stephen Knafler QC & Patrick Lewis
MH & Ors v Secretary of State for the Home Department (2008)
Judge determined that special advocates were necessary where Article 8 rights were engaged through deprivation of citizenship.
[2008] EWHC 2525 (Admin) 23/10/2008
Ed Grieves
B v Secretary of State for the Home Department (2008)
Whether the rights under Immigration and Asylum Act 1999 included the effect of appellants' removal on all members of family unit.
[2008] UKHL 39 25/6/2008. Reported at Times, July 8 2008.
Sonali Naik
BE (Iran) v Secretary of State for the Home Department (2008)
Iranian soldier who deserted rather than lay anti-personnel mines wan entitled to asylum.
[2008] EWCA Civ 540 20/5/2008. Reported at Times, June 18, 2008
Frances Webber
IA (Somalia) v Secretary of State for the Home Department (2007)
An earlier hearing had failed to take into account relevant country guidance and therefore constituted a breach of appellant's human rights under the ECHR.
[2007] EWCA Civ 323 20/4/2007
Louise Hooper
SB (Bangladesh) v Secretary of State for the Home Department (2007)
Re. consideration of asylum-seekers prospects of returning to the UK on an indefinite basis and determination of truly exceptional circumstances.
[2007] EWCA Civ 28 31/1/07. Reported at [2007] 1 INLR 259.
Sonali Naik
Huang v Secretary of State for the Home Department; Kashmiri v Sectretary of State for the Home Department (2007)
Appeal against removal of asylum seeker on grounds that this would constitute a breach of their human rights under ECHR.
[2007] UKHL 11 21/3/2007 Reported at (2007) 2 WLR 581
Duran Seddon
HB (Ethiopia) v Secretary of State for the Home Department (2006)
Clarification of the effects of delay by SSHD on claims relying on the ECHR to resist removal from the UK.
[2006] EWCA Civ 1713 14/12/06. Reported at [2007] Imm AR 396.
Louise Hooper, Duran Seddon, Patrick Lewis.
N v Secretary of State for the Home Department (2006)
Human Rights Act damages.Appeal against an order to revoke a deportation order.
[2006] EWCA Civ 299 28/3/06
Stephanie Harrison
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
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
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
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
Djebari v SSHD (2002) (no link)
Algerian at risk of treatment contrary to Article 3 ECHR
[2002] EWCA 813 13/5/02
Rick Scannell
Holub v SSHD (2000)
Right to education under Article 2, First Protocol ECHR and extra-territoriality of ECHR
[2000] EWCA Civ 343 20/12/00. Reported at [2001] 1 WLR 1359
Duran Seddon

Useful links
International human rights documents including ECHR
University of Minnesota Human Rights Library: texts of international instruments and links on asylum and human rights issues.
US Department of State Human Rights Reports 
UN High Commissioner for Human Rights 
European Court of Human Rights 
Amnesty International 
Liberty's Guide to Immigration, Asylum and Border issues
Human Rights Watch Country Information (searchable archive of country reports) 
Statewatch – Human Rights Monitoring Service (Europe) 
Migrant Rights Network

Human Trafficking

Some of the primary legislation
Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill 2012-13
UK Borders Act 2007
Identity Cards Act 2006
Convention on Action Against Trafficking in Human Beings (Council of Europe) (2005)
UN Convention against Transnational Organised Crime and the Protocols Thereto (2004)

Some of our recent notable cases
L, HVN, THN & T v R (2013)
The judgment goes further to set down important guidelines on the role of criminal courts in identifying victims of trafficking and the approach they should take toward age disputes
[2013] EWCA Crim 991 21/6/2013
Henry Blaxland QC and Michelle Brewer and Nadine Finch and Stephen Knafler QC and Shu Shin Luh
R v LM and others (2010)
Succeeded in quashing the convictions of three victims of trafficking for sexual exploitation who had committed crimes during and as a consequence of their exploitation.
[2010] EWCA Crim 2327 21/10/2010. Reported at (2011) 1 Cr App R 12
Henry Blaxland QC and Michelle Brewer
R v Mohammed and others (2010)
The convictions of defendants who entered the UK with false documents, claiming asylum and had been charged with offences under the Identity Cards Act 2006 were quashed where they had not been aware of a defence available to them under s.31 of the same Act.
[2010] EWCA Crim 2400 19/10/2010
Ian MacDonald QC

Useful links
Unseen - charity supporting the victims of human trafficking with useful statutory resources and links
CPS Guidance on Human Trafficking and Smuggling
Hope for Justice - campaign to end human trafficking
Safeguarding Trafficked Children: local authority resources
HPA Migrant Health Guide: Human Trafficking

Nationality & Citizenship

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
British Overseas Territories Act 2002
Nationality, Immigration and Asylum Act 2002 
Immigration and Asylum Act 1999 
Special Immigration Appeals Commission Act 1997 
Asylum and Immigration Act 1996 
Asylum and Immigration Appeals Act 1993
Immigration Act 1988 
British Nationality Act 1981
Immigration Act 1971

Some of our recent notable cases
Poloko Hiri v Secretary of State for the Home Department (2014)
The High Court ruled in favour of a member of the British Armed Forces who had been refused British citizenship by the Home Office on the basis of a sole speeding offence.
[2014] EWHC (Admin) 254 18/2/2014
Raza Halim
AHK and Ors v Secretary of State for the Home Department (2012)
Where the court held that there could be no closed material procedure in proceedings for judicial review of the secretary of state's refusal to grant naturalisation to applicants whom she did not consider to be of good character, even though she had given few reasons for her decision on the grounds that to do so would harm national security.
[2012] EWHC 1117 (Admin) 2/7/2012
Stephanie Harrison & Edward Grieves
AKA MH and Others v Secretary of State for the Home Department (2009)
Represented three claimants in test case litigation about refusal of British nationality on public interests grounds - issue of the nature of the procedural protection and use of Special Advocates was dealt with by Court of Appeal.
[2009] EWCA Civ 287 2/4/2009 Reported at [2009] 1 WLR 2049
Stephanie Harrison
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
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 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

Useful links
UK Government Advice and Policy
UK Border Agency Guide to British Citizenship
FCO Guide to the British Overseas Territories Act 2002 
National Coalition of Anti-Deportation Campaigns 
Immigration Rules Part 13 (Deportation) 
Non-Statutory Consultation on broadening exclusion and deportation powers (Home Office 2005) 
UK Border Agency Law and Policy
Immigration Directorates Instructions
Consolidated version of the Immigration Rules
Decisions of the Immigration Services Tribunal
Office of the Immigration Services Commissioner (VERY USEFUL LINKS)
Immigration Advisory Service
Asylum and Immigration Tribunal
European Court of Human Rights
Citizens UK

Books
Blackstone's Guide to the Borders, Citizenship and Immigration Act 2009 by Garden Court Chambers barristers, Ian Macdonald QC, Laurie Fransman, Adrian Berry, Ronan Toal

Blackstone's

National Security Deportation

Some of the primary legislation
Special Immigration Appeals Commission Procedure Rules 2003
Special Immigration Appeals Commission Act 1997

Some of our recent notable cases
W (Algeria) & Ors v Secretary of State for the Home Department (2012)
Represented VV and PP in a challenge to the statutory exclusion of the common law right to an irreducible minimum standard of fairness in appeals against deportation in national security cases.
[2012] UKSC 8 7/3/2012. Reported at [2012] 2 WLR 610.
Stephanie Harrison
IR (Sri Lanka), GT (Libya) AN (Pakistan) AK (Pakistan) v SSHD (2011)
The procedural requirements of the European Convention on Human Rights 1950 art.8, if applicable, did impact on cases of deportation or exclusion for national security reasons but they did not equiparate with the procedural requirements of art.5 or art.6 but had the more limited content set out in the Al-Nashif v Bulgaria (50963/99) (2003) 36 E.H.R.R. 37 line of authority. The procedure of the Special Immigration Appeals Commission as to the disclosure to be made to individuals in such cases satisfied those more limited requirements.
[2011] EWCA Civ 704 21/6/2011. Reported at [2011] 4 All ER 908.
Edward Grieves
HXA v The Home Office (2010)
Detention of an Iraqi national pending deportation on national security grounds was unlawful throughout because it was for the impermissible purpose of securing his detention in Iraq and no consideration had been given to the risks of a breach of Article 5 and 3 on expulsion to Iraq.
[2010] EWHC 1177 21/5/2010
Stephanie Harrison & Ronan Toal
Secretary of State for the Home Department v AV (2009)
Revocation of control order
[2009] EWHC 902 (Admin) 30/4/2009
Stephanie Harrison & Edward Grieves

General Immigration Links & Legislation

Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
UK Borders Act 2007
Terrorism Act 2006
Immigration, Asylum and Nationality Act 2006
Prevention of Terrorism Act 2005
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Human Rights Act 1998
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971

Some of our recent notable cases
R v Demarku (Agron) (2006) (no link)
Conspiracy to traffic for sexual expliotation Albanian gang control of young women from Lithuania in large scale sex worker case
[2006] EWCA Crim 2049 20/7/06
James Scobie
Kacaj v Secretary of State for the Home Department (2002)
Failure of IAT to recognise the fear of rape of Albanian women.
[2002] EWCA Civ 314 14/3/02. Reported at [2001] INLR 354
David Jones

Useful links
Garden Court Chambers Immigration team's Immigration Law Bulletins
Consolidated version of the Immigration Rules
Home Office Immigration and Asylum Statistics
Institute of Race Relations - very useful research and news on race and refugee issues
Statewatch – Human Rights Monitoring Service (Europe) 
Joint Council for the Welfare of Immigrants
Delia Venables Legal Resources - links to wide ranging legal resources

Books
MacDonald's Immigration Law & Practice (8th edition, 2010) by Garden Court Chambers barristers Ian MacDonald QC & Ronan Toal and with contributions from other Garden Court barristers

MacDonald


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