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Immigration: asylum and human rights

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

Chambers UK

Photo credit: Refugee Action

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. SIAC cases continue to account for a significant proportion of the group’s practice. The set’s barristers continue to contribute greatly to textbooks and journals in the immigration field.
Chambers UK 2016

Garden Court Chambers attracts praise as ‘undoubtedly the leading set for immigration work’, and is also ‘massively experienced in asylum and human rights work’. The set is notable for its comprehensive expertise across areas including national security, trafficking, detention, migrant welfare and business immigration.
The Legal 500 2015

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 hearings before immigration judges at first instance to appeals in 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 cumulatively and individually we offer the very highest level of expertise in all aspects of asylum and human rights law. We are able to act in cases which cross disciplines, as where children’s cases range across family and immigration law, or where criminal prosecution and international law coincide.

We are well placed to advise and represent with respect to non-asylum immigration, European Union and nationality law, regarding which we have a long track record in representing publicly funded clients. We detail our expertise on our Immigration – Business and Private page.

Click below to go directly to some of the cases in which we have been involved, or scroll down to browse more generally.

Refugee Law and International Protection
Asylum and Procedural Rights
Human Rights
National Security
Deportation and Removal
Asylum Support (Community Care and Welfare Benefits)
Detention and False Imprisonment
Immigration Crime
Constitutional and International Law
Publications and Training


Refugee Law and International Protection

We have been at the forefront of attempts to protect and develop key concepts of refugee law including gender-based persecution, particular social groups and exclusion on national security grounds. Key cases in which team members have participated have included:

MS (Somalia) v Secretary of State for the Home Department (2010)
A “family member” refugee did not have the same status as an “original application” refugee, for purposes of being entitled to further family reunification of their own under the Immigration Rules (permission to appeal sought). [2010] EWCA Civ 1236
Stephen Knafler QC

Abdalla Mohamed & Others v R (2010)
Criminalisation of asylum seekers arriving with false identity documents – convictions quashed where Appellants had not been properly advised of the defence under Art 31 of the Refugee Convention as transposed into domestic criminal law by s 31 of the IAA 1999.
[2010] EWCA Crim 2400 October 2010
Ian Macdonald QC

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

FA (Iraq) v Secretary of State for the Home Department (2010)
An application for permission to appeal to the Court of Appeal against a reconsideration of a decision of the now abolished Asylum and Immigration Tribunal was not to be treated like an application to appeal against a decision of the Upper Tribunal following an appeal from the First-tier Tribunal, and so the second-appeal criteria that the grounds contain an important point of principle or practice or some other compelling reason would not be applied. [2010] EWCA Civ 827
Stephen Knafler QC

MS (Palestine) v Secretary of State for the Home Department (2010)
there was no right of appeal against an immigration decision under section 82(2)(h) of the Nationality, Immigration and Asylum Act 2002 on the ground that the country or territory of destination stated in the notice of the decision was not one that would satisfy the requirements of paragraphs 8(1)(c) of Schedule 2 to the Immigration Act 1971 should removal directions to that country or territory in fact be given.
[2010] UKSC 25; [2010] 1 WLR 1639; Times, 18 June 2010
Stephen Knafler QC and Duran Seddon

HH (Somalia) v others (2010)
Risks to an asylum seeker on arrival in his / her home country and en route to a safe area had to be considered as part of the asylum claim or appeal against refusal of asylum.
[2010] EWCA Civ 426 23/04/2010
Ronan Toal and Rick Scannell

GS (Article 15(c): indiscriminate violence) Afghanistan CG (2009)
Lead case on internal armed conflict and Article 15(c) of the Qualification Directive
[2009] UKAIT 00044 (15 October 2009)
Mark Symes (Mark was also part of the legal team in the KH/HH Iraq and HM Iraq litigation)

EW, R (on the application of) v Secretary of State for the Home Department (2009)
Important case in developing challenges to third country removals: opened up the prospect of the referral to the Court of Justice of the European Union regarding Greece cases. [2009] EWHC 2957 (Admin).
Mark Symes

MH (Syria) v Secretary of State for the Home Department: DS (Afghanistan) v Secretary of State for the Home Department (2009)
Establishing whether a person was guilty of excludable acts under article 1F of the 1951 UN Convention relating to the Status of Refugees in the context of asylum seekers involved with humanitarian work
[2009] EWCA Civ 226 24/3/2009. Reported at (2009) 3 All ER 564
Mark Muller QC and Edward Grieves

AM & AM (armed conflict: risk categories) Somalia CG (2008)
Humanitarian Protection and Somalia
[2008] UKAIT 00091 (01 December 2008)
Ronan Toal

FB (Lone women, PSG, internal relocation, AA (Uganda) considered) Sierra Leone (2008)
The Tribunal accepted the Appellant’s case raised a “Convention reason” due to her resistance to the prevailing cultural norms in her rural society regarding Female Genital Mutilation.
[2008] UKAIT 00090 (27 November 2008)
Kathryn Cronin

BE (Iran) V Secretary of the State for the Home Department (2008)
An objection to laying landmines that might kill civilians in peacetime was a factor that could give rise to refugee status
[2008] EWCA Civ 540 20/05/08
Fran Webber

HS (Terrorist suspect, risk) Algeria CG (2008)
Returns to Algeria often unsafe
Fran Webber
[2008] UKAIT 00048 19/5/08

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

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

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

Asylum and Procedural Rights

We also fight fearlessly to safeguard justice at all stages of the refugee determination procedure, acting in a variety of cases involving the correct application of the law, procedural fairness and the proper limits to both the Secretary of the State’s powers and the courts’ jurisdiction. Notable cases include:

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 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

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

Cart & Ors, R (on the application of) v The Upper Tribunal & Ors (2009)
Reviewability of the new Upper Tribunal
[2009] EWHC 3052 (Admin) (01 December 2009)
Stephanie Harrison

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.
[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)
Removal under safe third country certificate and validity of in-country appeal.
[2009] EWCA Civ 114 25/2/2009. Reported at [2009] Imm AR 534
Ronan Toal

MY (Turkey) v Secretary of State for the Home Department (2008)
Re: lawfulness of reopening settled facts on reconsideration appeals
David Jones
[2008] EWCA Civ 477

AA (Somalia) v SSHD (2007)
Correct approach to the evidence of individuals with refugee status in the Asylum and Immigration Tribunal.
[2007] EWCA Civ 1040 (25 October 2007)
Rick Scannell

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 (Fahim Badur) (Claimant) v (1) Birmingham Crown Court (2006)
Conviction quashed. Wrongful charge deprived defendant 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

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

 Human Rights

Many of 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:

LM and others v R (2010)
The Appellants were, or had been, victims of people trafficking. Their convictions were quashed by the Court of Appeal because of the failings of their original legal representatives to properly advise them, after having failed, contrary to their duty, to consider the obligations of this country under the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (CETS No 197), relevant parts of the substantive criminal law, and the impact of particular guidelines for prosecutors which have been promulgated as a result of the Convention. [2010] EWCA Crim 2327
Henry Blaxland QC (of the Garden Court Crime team) and Michelle Brewer (of the Immigration team)

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
Stephen Knafler QC, 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 9/2/2010
Stephen Knafler QC, Sadat Sayeed

JA (Ivory Coast) & Anor v Secretary of State for the Home Department (2009)
Article 8 and medical treatment
[2009] EWCA Civ 1353 (14 December 2009)
Stephen Knafler QC, Sadat Sayeed

EW, R (on the application of) v Secretary of State for the Home Department (2009)
Test case on the safety of Italy and the justiciability of challenges to the human rights compatibility of removals to safe third countries
[2009] EWHC 2957 (Admin) (18 November 2009)
Mark Symes

AF (Jamaica) v Secretary of State for the Home Department (2009)
Article 8 – in many cases it will not be reasonable to expect family members to relocate abroad with the deportee
2009] EWCA Civ 240 (26 March 2009)
Sonali Naik

RS (Zimbabwe) v Secretary of State for the Home Department (2008)
The Tribunal erred in confining its analysis of a human rights appeal by a Zimbabwean woman suffering from HIV to the health issues surrounding her return without considering the general situation in Zimbabwe and its impact on the accessibility of health services .
[2008] EWCA Civ 839 18/7/2008
Stephen Knafler QC

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
Stephanie Harrison, Ed Grieves

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, Stephanie Harrison

Secretary of State for the Home Department v AP (2008)
The combination of the equivalent of house arrest and internal exile fell on the side of the line which involved the deprivation of liberty rather than the restriction of movement.
[2008] EWHC 2001 (Admin) (12 August 2008)
Duran Seddon

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

C, R (on the application of) v Secretary of State for Justice (2008)
Secure Training Centre (Amendment) Rules 2007 in breach of Article 3
[2008] EWCA Civ 882 (28 July 2008)
Duran Seddon

EB Kosovo v Secretary of State for the Home Department (2008)
Delay by the Home Office is relevant to proportionality under Article 8
[2008] UKHL 41 25/6/2008
Duran Seddon

Beoku-Betts v Secretary of State for the Home Department (2008)
The rights of third party family members not themselves facing removal must be taken into consideration in Article 8 claims
[2008] UKHL 39 25/6/2008. Reported at Times, July 8 2008.
Sonia Naik

AL (Serbia) (FC) (Appellant) v Secretary of State for the Home Department (2008)
Family ILR exercise
[2008] UKHL 42 25/6/2008
Nicola Rogers

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

N v United Kingdom (2008)
ECHR and medical treatment
Strasbourg (26565/05) [2008] ECHR 453 (27 May 2008)
Rick Scannell

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

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

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

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

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 QC

Secretary of State for the Home Department v 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

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

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

Singh v Entry Clearance Officer New Delhi (2004)
Article 8 and adoption
[2004] EWCA Civ 1075 30/7/04
Stephanie Harrison

R (Mambakasa) v SSHD (2003) (no link available)
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.


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:

Secretary of State for the Home Department v AV (2009)
Revocation of control order
[2009] EWHC 902 (Admin) (30 April 2009)
Stephanie Harrison, Edward Grieves

Secretary of State for the Home Department v GG and NN (2009)
Quashing of control order
[2009] EWHC 142 (Admin) (12 February 2009).
Edward Grieves, Stephanie Harrison

Secretary of State for the Home Department v AR & Ors 9 (2008)
Control orders
[2008] EWHC 2789 (Admin)
Edward Grieves

BY v Secretary of State for the Home Department (2008)
Refusal of entry clearance
[2008] UKSIAC 65/07 (07 November 2008)
Adrian Berry

Secretary of State for the Home Department v JJ & Ors (2007)
House of Lords upheld decisions below finding that obligations imposed on foreign nationals by control orders made by the Secretary of State under the Prevention of Terrorism Act 2005 deprived them of their liberty in breach of article 5 of the European Convention on Human Rights. [2007] UKHL 45 (31 October 2007)
Stephanie Harrison

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

Deportation and 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:

R (BT and others) v Secretary of State for the Home Department (2011) (no link available)
It was lawful to remove unaccompanied asylum-seeking children under Dublin II to the State where they first claimed asylum, and otherwise than for the purposes of family reunion; States were not always required to ascertain and consult about child-specific reception arrangements. The children are appealing to the Court of Appeal [neutral citation awaited].
Stephen Knafler QC and Kathryn Cronin

HH (Iraq) v Secretary of State for the Home Department (2009)
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

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

Etame v Secretary of State for the Home Department & Anor (2008)
Appeal rights in deportation cases
[2008] EWHC 1140 (Admin)
Ronan Toal

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

Asylum Support (Community Care and Welfare Benefits)

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 (Clue) v Birmingham CC (2010)
A local authority had erred when considering whether to provide financial support and assistance to a family whose application for ILR was pending and that application raised human rights issues. The local authority should have considered whether the family was destitute and, if it was, whether the application for leave to remain was abusive or hopeless and, if it was not abusive or hopeless, assistance should have been provided, pending determination of the application for leave to remain.
[2010] EWCA Civ 460; (2010) 13 CCLR 276; (2010) BLGR 485; Times, 7 May 2010
Stephen Knafler QC and Nadine Finch

R (YA) v Secretary of State for Health (2009)
Guidance given by the Secretary of State for Health on the implementation of the National Health Service (Charges to Overseas Visitors) Regulations 1989 was unlawful in so far as it failed to make clear how the discretion to withhold or allow treatment in certain circumstances should be exercised, particularly where the treatment was urgent and the failed asylum seeker was unable to pay for the treatment.
[2009] EWCA Civ 225; [2010] 1 WLR 279; [2010] 1 All ER 87; Times, 2 April 2009; (2009) 12 CCLR 213; (2009) LS Law Medical 282:
Stephen Knafler QC

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

Barry v London Borough of Southwark (2008)
Eligibility for social housing
[2008] EWCA Civ 1440 (19 December 2008)
Adrian Berry

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 QC

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

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

R (D, G) v Leeds City Council and Secretary of State for the Home Department (2007)
The accommodation 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 QC

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 QC

R (AW, DAY) v Croydon LBC (2007)
Local authorities not the SSHD were responsible for destitute plus failed asylum-seekers (if lawfully present or with pending, non-abusive fresh representations).
[2007] EWCA Civ 266; (2007) 10 CCLR 189; (2007) BLGR 417; Times, May 11, 2007:
Stephen Knafler QC

R (PB) v Haringey LBC/SSHD (2006) (no link available)
Local authority required to accommodate destitute mother engaged in child care proceedings, pending determination of her Article 8 claim for leave to remain. [2006] EWHC 2255 Admin; (2007) 10 CCLR 99; [2007] HLR 13:
Stephen Knafler QC

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

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 (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; [2005] 1 WLR 884; [2004] 4 All ER 709; [2004] 2 FLR 867; [2004] LGR 815; (2004) 7 CCLR 230; Times, April 22, 2004.
Stephen Knafler QC

R (Grant) v Lambeth LBC
Test case on Schedule 3 of Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 1711; [2005] 1 WLR 1781; [2005] HLR 27; (2005) BLGR 81; Times, January 5, 2005:
Stephen Knafler QC

R (DTS) v SSHD (2003)
Test case on Article 3 and asylum support. [2003] EWHC Admin 1941; (2004) 7 CCLR 32
Stephen Knafler QC

R (Q) v SSHD (2003)
Test case on section 55 of the Nationality, Immigration and Asylum Act 2002
[2003] EWCA Civ 364; [2004] QB 36; [2003] 3 WLR 365; [2003] 2 All ER 905; [2003] HRLR 21; [2003] UKHRR 607; (2003) HLR 57; (2003) ACD 46; Times, March 19, 2003; Independent, March 21, 2003; (2003) 6 CCLR 136:
Stephen Knafler QC

R (G) v Barnet LBC (2003)
Scope of duty to provide accommodation under sections 17 and 20 of the Children Act 1989, including to families from abroad.
[2003] UKHL 57; [2004] 2 AC 208; [2003] 3 WLR 1194; [2004] 1 All ER 97; [2004] 1 FLR 454; [2004] HRLR 4; (2003) LGR 569; (2003) 6 CCLR 500; Times, October 24, 2003; Independent, October 29, 2003
Stephen Knafler QC

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 QC

O, Bhikha v Secretary of State for the Home Department (2000)
Immigration status and welfare entitlement
[2000] EWCA 22/6/2000. Reported at (2000) 1 WLR 2539
Stephen Knafler QC

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:

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

R (Anam) v Secretary of State for the Home Department (2010)
Appeal from the Administrative Court on the question of the legality of detention under 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.
Ian Macdonald QC and Sadat Sayeed

R (Ibrahim & anor) v Secretary of State for the Home Department (2010)
Test case of Ibrahim on the detention of Iraqi asylum seekers, achieving a finding of unlawful detention because of the lack of removability of Iraqis. [2010] EWHC 764 (Admin)
Mark Symes

Wang, R (on the application of) v Secretary of State for the Home Department (2009)
Successful unlawful detention challenge
[2009] EWHC 1578 (Admin)
Nadine Finch

Rostami, R (on the application of) v Secretary of State for the Home Department (2009)
Successful unlawful detention challenge
[2009] EWHC 2094 (QB) (07 August 2009)
Stephanie Harrison, Ed Grieves

Abdi & Ors v Secretary of State for the Home Department (2008)
Administrative Court overturned the Home Office policy (“the Cullen Criteria”) introduced from April 2006 regarding the detention of Foreign National Prisoners.
[2008] EWHC 3166 (Admin) (19 December 2008)
Ian Macdonald 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

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

Immigration Crime

Team expertise covers immigration-related criminal law. Thanks to our multidisciplinary approach, the immigration and crime teams work together to address the increasing use of criminal proceedings by the Home Office against immigration detainees, relevant criminal offences and the best in such cases. Together with members of chambers’ criminal team, we helped set up the foreign national criminal prisoners network in 2006. Notable cases include:

HBH, R (on the application of) v The Secretary of State for the Home Department & Anor (2009)
Use of methodology which has been used to assess the age of asylum-seekers – namely, whether their appearance and demeanour strongly supports their claim to be under the age of 18 – for the purpose of determining whether they should be prosecuted for an immigration offence was unlawful
[2009] EWHC 928 (Admin)
Stephanie Harrison

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

Constitutional and International Law

We also offer expertise in areas of constitutional and international law relating to immigration. Notable cases include:

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

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

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) Blackstone’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.

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