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Immigration: business and private

“Recognised as having the greatest collective immigration expertise in the market”

Chambers UK

What others say

“Garden Court Chambers remains the pre-eminent immigration set in the country, instructed in the most high-profile and sensitive matters across the spectrum of immigration, nationality and refugee law. In addition to advising on EEA free movement and PBS matters, including applications under Tiers 2 and 4, advocates have appeared before domestic and international courts of the highest levels on matters including trafficking, third country removals and deportation.”
Chambers UK Bar Guide

Our expertise

With extensive expertise in all areas of immigration law, and an unrivalled reputation in this field, Garden Court Chambers is consistently recognised as the leading set in immigration law. This is an area which constantly evolves and the textbook writing and public speaking we perform ensures that our legal knowledge is absolutely at the cutting edge – so that we can provide the best possible representation to clients.

We provide specialist immigration, EC and nationality advice to high net worth and private individuals, as well as a range of businesses, companies and institutions, covering all levels of appeal and judicial review work, appearing in the First-Tier Tribunal through to the House of Lords and beyond to the European Court of Justice in Luxembourg and the European Court of Human Rights in Strasbourg. Whether you want a big hitter for a case that needs smooth representation in the Tribunal, or academic expertise for something tricky in the higher courts, we have the individuals you need.

Some members of the team are registered for direct access by which the public can instruct counsel without using a solicitor. Feel free to contact our clerks to discuss whether your legal problem can benefit from the efficiencies that direct access brings.

We also offer expertise in all aspects of asylum and human rights law, including complex cases involving extradition requests. A number of team members were involved in high-profile ECHR and UK litigation concerning Khodorkovsky, Berezovsky as well as the extradition case of Pinochet. For further information in these areas please visit our Immigration (Asylum and Human Rights) page.

Immigration and the Points Based System

With our in depth knowledge of the new Points Based System we advise and represent individuals in their applications to come to the UK as highly skilled workers, entrepreneurs, investors, graduates, sponsored skilled workers, students and temporary workers. We provide advice on all other immigration applications including, but not limited to, indefinite leave to remain applications and spouse, civil partner, unmarried partner, children and visitor applications. Whether you are a student who has fallen foul of the complexities of Tier 4, or working here trying to negotiate the Home Office guidance on extending your stay, we can offer timely, effective and creative advice to best safeguard your interests.

We also advise a range of businesses, companies and institutions on all aspects of sponsorship licenses under the Points Based System and on how to achieve compliance with UK immigration legislation. Many sponsors are wary and concerned at the penalties they could face (civil and criminal) if they get anything wrong. Our legal team can help you address these concerns. In short if you have a difficult problem arising in the context of economic migration, you should the advantages that will be brought by a legal team with our experience of public law as well as immigration law, so that every angle can be adequately covered.

Important cases include:

Pankina and others v SSHD (2009)
It was unlawful for the Home Office to seek to regulate immigration by means of policy guidance and policy statements when they were required to do so by means of immigration rules that had been laid before parliament.
[2010] EWCA Civ 719 23/06/2010
Ronan Toal

LA (para 289A: causes of breakdown) Pakistan (2009)
A marriage may have ended before the parties separate and the marriage may have broken down as a result of domestic violence even if other grounds are raised.
[2009] UKAIT 00019.
Mark Symes

NA & Others (Cambridge College of Learning) Pakistan (2009)
Refusal under the Points Based System
Ian MacDonald QC
[2009] UKAIT 00031 11/08/09

OO & Ors v Secretary of State for the Home Department (2008)
Students’ ability to change courses whilst in the UK
Ian MacDonald QC
[2008] EWCA Civ 747 01/07/08

R v Secretary of State for the Home Department ex parte Arman Ali (2000)
Family reunion and recourse to public funds.
[1999] EWHC 830 28/10/1999. Reported at (2000) Imm AR 134
Stephanie Harrison

European Union Free Movement Law

We offer advice and representation on European free movement applications. Team members have carried out significant work on the scope of free movement rights throughout the law’s development for EEA nationals, their family members and for nationals of ‘Association Agreement’ states. Notable cases include:

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

Secretary of State for Work and Pensions v Dias (2009)
Whether European Union member state national with residence permit is entitled to income support
[2009] EWCA Civ 807 (recently argued by Adrian Berry in the Court of Justice of the European Union)

Jeleniewicz v Secretary of State for Work and Pensions (2008)
A social security commissioner had been entitled to find that a Polish national who had separated from her child’s father, a French national who had come to the UK to pursue a vocational training course, was not entitled to income support.
[2008] EWCA Civ 1163
Stephen Knafler QC

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. Case succeeded in the European Court of Justice.
[2008] EWCA Civ 1088 10/10/2008. Reported at (2009) HLR 9
Adrian Berry

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

R (Abdirahman) v SSWP (2007)
EEA nationals who were not “qualified persons” within the Immigration (European Economic Area) Regulations 2006 reg.14 did not have a “right to reside” in the United Kingdom and therefore were not entitled to social security benefits. The requirement of a right to reside in the UK was not contrary to EU law.
[2007] EWCA Civ 657; [2008] 1 WLR 254; [2007] 4 All ER 882
Stephen Knafler QC

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

(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

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

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

Barnet LBC v Ismail and Abdi (2006)
Non-qualified EEA national on income support eligible for housing.
[2006] EWCA Civ 383; [2006] 1 WLR 2771; [2007] 1 All ER 922; [2006] HLR 23; (2006) BLGR 559; Times, April 25, 2006
Stephen Knafler QC

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

Nationality and Citizenship

Individuals who come to the UK under the Immigration Rules, Points Based system or EC law can become eligible for indefinite leave to remain or permanent residence in the UK, meaning they can stay here without any time limit. Some individuals decide they wish to become British citizens. Thanks to our in depth knowledge of the recent changes in legislation we are able to offer expert advice on all the complexities of nationality law, advising on the different routes to citizenship in the UK. Cases include:

AKA MH and Others v Secretary of State for he 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

The Queen v SSHD ex parte Kaur (2001)
British nationality and European Union law
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

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 these through publications and through training. Three members of our team, Peter Jorro, Mark Symes and Adrian Berry have recently published the 2nd edition of Asylum Law and Practice. 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 and the 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.

We are therefore well placed to offer full and comprehensive advice on all recent developments in immigration law.

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