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Immigration Law

“The foremost set leading the way at the London Immigration Bar, Garden Court Chambers houses an unsurpassable team of advocates who handle the full gamut of immigration matters."

Chambers UK Bar Guide - Band 1

"Garden Court practitioners, from top-quality juniors to renowned QCs, appear in the highest courts acting on behalf of vulnerable clients and high net-worth private individuals alike."

Chambers UK Bar Guide - Band 1

To contact the Immigration Clerks, please email immigrationclerks@gclaw.co.uk or phone

+44 (0)20 7993 7600

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Top Ranked Chambers UK Bar 2019
The Legal 500 United Kingdom Top Tier Set 2019

Garden Court’s Immigration Team is recognised as the pre-eminent set of barristers in the UK specialising in immigration law.

We are the only set of barristers awarded the highest ‘Band 1’ status for immigration law by the independent Chambers Bar Guide rankings. We handle cases with unrivalled levels of expertise.

We know the immigration system inside-out and have covered every kind of situation. Our barristers have appeared in many of the cases that have shaped UK immigration law, and we continue to write the leading textbooks on immigration and asylum.

We work with NGOs and charities on test cases, policy work, campaigns and events. These include the Immigration Law Practitioners Association, the Anti Trafficking Legal Project, Joint Council for the Welfare of Immigrants, Bail for Immigration Detainees, UNHCR UK, All Party Parliamentary Group on Visas & Immigration, Amnesty International, Equality & Human Rights Commission, Medical Justice, Young Roots, the Helen Bamber Foundation, Liberty and the Trafficking Law and Policy Forum.

Areas of Expertise

  • Asylum and international protection
  • Family and children immigration
  • National security, terrorism and international armed conflicts
  • Human rights
  • EU free movement
  • Commercial and business immigration (including the Points Based System)
  • Sponsor licences for businesses and colleges
  • British nationality
  • Trafficking
  • Deportation
  • Third country removals
  • Foreign criminal matters
  • Immigration detention
  • Migrant welfare
  • Private immigration work, acting for individuals from the highest echelons of international politics, business and sport

our immigration counsel

  • Provide the very best strategic advice on the most relevant evidence and the strongest arguments to support any kind of application to the Home Office or Entry Clearance Officer – the earlier counsel comes on board, the more value they can add
  • Give realistic guidance on your options when your last application has failed (including whether a further application or a legal challenge to the last refusal makes most sense)
  • Ensure that Court and Tribunal challenges are based on the latest legal thinking and are backed by the best available evidence
  • Understand the way that government decision-makers and judges think, and are thus very well-placed to advise on how best to present a case from the earliest stages

 

OUR IMMIGRATION CLERKS

Our team of specialist barristers are supported by clerks with expert knowledge of:

  • Senior barristers who are well known in the immigration Tribunal system and have very extensive legal experience
  • Experienced and knowledgeable junior barristers who can handle cases more cost-effectively, and who have the expertise of senior colleagues to draw on

To contact the Immigration Clerks, please email immigrationclerks@gclaw.co.uk or phone +44 (0)20 7993 7600

 

conferences

Barristers can add value to the legal advice you offer your client beyond acting as advocates. Sometimes the most useful work we do is to offer insight into a client’s options well before any litigation takes place. Whatever stage a case has reached, it is always useful to get another view.

Our barristers can:

  • Help to plot a strategic solution to a client’s needs, whether that involves making a further better evidenced application or pursuing another immigration route altogether
  • Advise on the required evidence and legal arguments available in administrative review applications, appeals or judicial review claims: the sooner counsel comes on board, the earlier they can start making a real difference
  • Ensure that an application is structured in the best way possible to generate an appeal if refused

 

administrative review

Some administrative review applications are straightforward and solicitors may well be comfortable with drafting themselves.

However, the more complicated the legal and evidential issues, the more likely it is that counsel may add value, particularly where it is likely that the application is just a prelude to a judicial review claim.

Our counsel are experts at:

  • Analysing the Rules and Guidance to spot arguable errors
  • Understanding the nuances of evidential flexibility found in Rule 245AA addressing missing documents and information
  • Running arguments based on fairness when things have gone wrong at the interview stage

 

LITIGATION

Our casework includes:

  • Drafting persuasive grounds of appeal to the First-tier Tribunal, which may result in concessions from Entry Clearance Managers or senior Home Office staff before a case comes to court
  • Advising on precisely what evidence is needed, looking over draft witness statements and checking supporting documents
  • Drafting skeleton arguments and providing the very highest quality of advocacy at appeal hearings
  • Drafting grounds in order to obtain permission to appeal to the Upper Tribunal against First-tier Tribunal decisions and then providing expert representation at the subsequent hearings
  • Litigating in judicial reviews – we can add value at every stage, from drafting the original Pre Action Protocol letters to providing the concise and well-argued grounds that are vital to steer a judicial review application to a realistic conclusion.
  • We act in every kind of challenge, including nationality refusals, administrative review refusals, challenges to “clearly unfounded” certificates, refusals to recognise fresh claims, and unlawful detention claims

 

ASYLUM AND DEPORTATION

Our casework includes:

  • Strengthening the client’s case by pointing those instructing towards the best possible country evidence to support an asylum claim, advising on expert reports and advising on witness statements
  • Persuading judges to allow appeals by our knowledge of the latest asylum and international protection case law
  • Preventing deportation by putting together a watertight case on links to the UK

Visit our Immigration Detention, Asylum and Deportation page for more details

 

FIGHTING DISHONEST ALLEGATIONS

Our casework includes overturning refusals based on dishonesty allegations, such as:

  • Refusals of settlement because the Home Office do not accept the claimed earnings are genuine, including where there are inconsistencies between earnings shown on tax returns and immigration applications
  • Accusations of cheating in English language tests
  • Omissions in application forms

 

SECURING AND UPHOLDING eUROPEAN uNION rESIDENCE rIGHTS

Our casework includes:

  • Advising on the best way for a British citizen to lawfully move abroad for a period and return in the future ensuring residence rights in European Union law for their here (ie Surinder Singh cases)
  • Obtaining permanent residence for European Economic Area (EEA) nationals with complex histories of work, self-sufficiency and study
  • Preventing the expulsion of EEA nationals accused of involvement with marriages of convenience or abuse of EEA rights
  • Winning appeals involving proof of continuous residence and exercise of Treaty Rights throughout a person’s stay in the UK
  • Advising on the likely consequences of the UK’s departure from the European Union

 

LONG RESIDENCE AND PRIVATE LIFE

Our casework includes:

  • Advising on the best way for a British citizen to lawfully move abroad for a period and return in the future ensuring residence rights in European Union law for their here (ie Surinder Singh cases)
  • Obtaining permanent residence for European Economic Area (EEA) nationals with complex histories of work, self-sufficiency and study
  • Preventing the expulsion of EEA nationals accused of involvement with marriages of convenience or abuse of EEA rights
  • Winning appeals involving proof of continuous residence and exercise of Treaty Rights throughout a person’s stay in the UK
  • Advising on the likely consequences of the UK’s departure from the European Union

 

FIGHTING FOR FAMILIES

Our casework includes:

  • Demonstrating that there really were “insurmountable obstacles” to relocation abroad for a loving couple whose “partner” application had been refused
  • Showing that it would be unreasonable for the parents of a British citizen child to have to leave the country
  • Making further representations that were accepted as a fresh human rights claim, generating a further right of appeal
  • Overturning “clearly unfounded” certificates to ensure a right of appeal before an independent immigration judge
  • Getting refusals overturned for much-loved family members who have been repeatedly denied visit visas
  • Obtaining a visa for an elderly adult dependent relative with complicated care needs that could not be met in their country of origin

 

POINTS BASED SYSTEM CASES

Our barristers can:

  • Advise on the complicated web of Rules and Guidance that govern applications to make sure everything is in order
  • Cast an eye over the evidence which it is proposed to rely on
  • Analyse the client’s route to indefinite leave to remain having regard to the need for continuous lawful residence
  • See whether a refusal can be undermined having regard to missing documents, evidential flexibility, and common law principles of fairness

 

BUSINESS IMMIGRATION

Our barristers can:

  • Help advise on business plans and other aspects of an Entrepreneur application – and go on to fight the client’s corner during administrative and judicial review challenges
  • Advise on the best strategy where a Sponsor’s licence is under threat: whether the client is facing an audit, or had the licence suspended or revoked. Remember: the sooner we come on board and start advising, the higher the chances of success
  • Give realistic advice on the best approach to take to a Civil Penalty Notice

 

PUBLICATIONS

We have authored or contributed to all of the authoritative texts on immigration law including:

  • Macdonald’s Immigration Law and Practice (Butterworths LexisNexis, 9th edition 2015)
  • Immigration Appeals and Remedies Handbook (Bloomsbury, 2015)
  • Immigration Practice and Procedure in Family Proceedings (Jordans, 2013)
  • Fransman’s British Nationality Law (Bloomsbury Professional, 3rd edition 2011)
  • JCWI Guide to the Points-Based System (JCWI, 2011)
  • Halsbury’s Laws of England (Butterworths 5th ed, vol. 4 2011) British Nationality
  • Asylum Law and Practice (Bloomsbury, 2nd edition 2010)
  • Blackstone’s Guide to the Borders, Citizenship and Immigration Act 2009 (Oxford University Press, 2010)
  • Support for Asylum Seekers and other Migrants (Legal Action Group, 2009)
  • HJT and ILPA’s Home Office Policy Manual (HJT, 2009)
  • Blackstone’s Guide to the Criminal Justice and Immigration Act 2008 (Oxford University Press, 2009)
  • Jackson and Warr’s Immigration Law and Practice (Tottel, 4th edition 2008)

 

The Team

Stephanie Harrison QC

Year of Call: 1991

Year of Silk: 2013

Laurie Fransman QC

Year of Call: 1979

Year of Silk: 2000

Sonali Naik QC

Year of Call: 1991

Year of Silk: 2018

Amanda Weston QC

Year of Call: 1995

Year of Silk: 2018

Kathryn Cronin

Year of Call: 1980

Peter Jorro

Year of Call: 1986

Rebecca Chapman

Year of Call: 1990

Nicola Braganza

Year of Call: 1992

Valerie Easty

Year of Call: 1992

Navita Atreya

Year of Call: 1994

David Jones

Year of Call: 1994

Duran Seddon

Year of Call: 1994

Grace Brown

Year of Call: 1995

Edward Grieves

Year of Call: 1995

Louise Hooper

Year of Call: 1997

Patrick Lewis

Year of Call: 1997

Adrian Berry

Year of Call: 1998

Ronan Toal

Year of Call: 1999

Sadat Sayeed

Year of Call: 2001

Irena Sabic

Year of Call: 2002

Colin Yeo

Year of Call: 2002

Maha Sardar

Year of Call: 2002

Abigail Smith

Year of Call: 2003

Andrew Eaton

Year of Call: 2004

Christopher McWatters

Year of Call: 2004

Mark Symes

Year of Call: 2004

Shu Shin Luh

Year of Call: 2006

Greg Ó Ceallaigh

Year of Call: 2006

Anthony Vaughan

Year of Call: 2006

Alex Grigg

Year of Call: 2007

Richard Reynolds

Year of Call: 2007

Jo Wilding

Year of Call: 2007

Helen Foot

Year of Call: 2008

Gemma Loughran

Year of Call: 2008

Ali Bandegani

Year of Call: 2009

Raza Halim

Year of Call: 2009

Gráinne Mellon

Year of Call: 2010

Emma Fitzsimons

Year of Call: 2011

Bijan Hoshi

Year of Call: 2011

Taimour Lay

Year of Call: 2011

Grace Capel

Year of Call: 2012

David Sellwood

Year of Call: 2012

Stephen Clark

Year of Call: 2013

Miranda Butler

Year of Call: 2013

Sophie Caseley

Year of Call: 2013

Ubah Dirie

Year of Call: 2014

Laura Profumo

Year of Call: 2016

Franck Magennis

Year of Call: 2016

Camila Zapata Besso

Year of Call: 2016

Steven Galliver-Andrew

Year of Call: 2018

Ella Gunn

Year of Call: 2018

Navida Quadi

Year of Call: 2018

Associate Members

Femi Omere

Year of Call: 1999

Latest News

Garden Court Chambers Immigration Team statement on the new immigration and asylum legal aid fixed fee

22 May 2020

Miranda Butler shortlisted for Legal Aid Newcomer of the Year at LALY Awards 2020

22 May 2020

Implications for expulsions following the Supreme Court ruling of AM (Zimbabwe)

By Mark Symes and Miranda Butler of the Garden Court Chambers Immigration Team.

19 May 2020

COVID-19 - Why the modest relaxation of the ‘hostile environment’ does not go far enough

By Emma Fitzsimons of the Garden Court Chambers Immigration Team.

16 May 2020

High Court rules Home Office 'No recourse to public funds’ policy for migrants en route to settlement is unlawful

Amanda Weston QC of Garden Court Chambers instructed by the intervenor, Project 17.

7 May 2020

New Afghanistan Country Guidance provides a clear pathway for asylum-seekers to win appeals

Sonali Naik QC, Ronan Toal and Gemma Loughran of the Garden Court Immigration Team represented the appellant, instructed by Kam Dhanjal of JD Spicer Zeb Solicitors.

7 May 2020

High Court legal challenge to No Recourse to Public Funds policy

Amanda Weston QC of Garden Court Chambers leading Bijan Hoshi and Ollie Persey of the Public Law Project instructed by Project 17.

6 May 2020

Albanian blood feuds: an update

This update is written by David Neale, legal researcher and former barrister at Garden Court Chambers.

16 April 2020

COVID-19 Bulletin - Law & Practice - 30.03.20

Updates on the impact of the coronavirus pandemic on law and practice.

30 March 2020

Members of the Immigration Bar call for urgent guidance from Presidents of the Immigration and Asylum Chamber in wake of Covid-19

Letter to Bar Council signed by Garden Court Chambers

20 March 2020

Landmark Supreme Court judgment on state obligations under Article 4 ECHR to identify & protect victims of trafficking

Shu Shin Luh of Garden Court Chambers acted for the Intervener, the Aire Centre. Ronan Toal, Kathryn Cronin and Bryony Poynor of Garden Court Chambers acted for the appellant instructed by ATLEU in the Court of Appeal and Immigration Tribunals.

18 March 2020

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State

Adrian Berry and Desmond Rutledge acted for the Claimant, instructed by William Ford of Osbornes Law. The claimant is considering an appeal to the Court of Appeal.

12 March 2020

High Court declares £1,012 fee charged by the Home Office to children applying for British citizenship is unlawful

The claim was brought by Project for the Registration of Children as British Citizens (PRCBC) and two children who had been affected by the level of the fee. Miranda Butler of Garden Court appeared for PRCBC, led by Richard Drabble QC of Landmark Chamber

19 December 2019

Home office admits unlawful detention of mentally ill man

Stephanie Harrison QC, Shu Shin Luh and Anthony Vaughan of the Garden Court Chambers Public Law and Immigration Teams instructed.

5 December 2019

Important Dublin 3 judicial review decision from Upper Tribunal

Mark Symes of Garden Court appeared for the Applicant in JR112832014 [2019] UKAITUR.

4 December 2019

Stephanie Harrison QC shortlisted for Civil Liberties & Human Rights Silk of the Year at Legal 500 UK Awards 2020

We are delighted to announce that Stephanie Harrison QC has been shortlisted for Civil Liberties and Human Rights Silk of the Year at the Legal 500 UK Awards 2020.

29 November 2019

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful

Irena Sabic of Garden Court was instructed by Bahar Ata of Duncan Lewis; Greg Ó Ceallaigh of Garden Court was instructed by Krisha Prathepan of Duncan Lewis and Raza Halim of Garden Court was instructed by Kaweh Beheshtizadeh of Fadiga and Co.

27 November 2019

The Upper Tribunal gives guidance on the proper role of Tribunal interpreters

Emma Fitzsimons of Garden Court acted for the Appellant in the Upper Tribunal, and Sophie Caseley of Garden Court acted for the Appellant in the First-tier Tribunal. They were instructed by Julie Brauer, at Sutovic and Hartigan Solicitors.

21 November 2019

Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’

The two claimants were represented by Shu Shin Luh and Grace Capel of Garden Court’s Public Law and Immigration Teams, instructed by Hannah Baynes, Helen Baron and Joud Soeb of Duncan Lewis’ Public Law Team.

21 November 2019

Home Secretary announces investigation into Brook House immigration removal centre will be converted into Public Inquiry

MA is represented by Stephanie Harrison QC of Garden Court Chambers and Alex Goodman of Landmark Chambers, instructed by Lewis Kett and Nicholas Hughes of Duncan Lewis Solicitors’ Public Law team.

8 November 2019

British citizenship granted to Windrush scandal victim who had been refused because he failed to satisfy the good character requirement

Grace Brown of Garden Court is representing the claimant, Hubert Howard, and is instructed by Connie Sozi at Deighton Pierce Glynn.

8 November 2019

Sonali Naik QC wins Highly Commended Award for Outstanding Contribution to Diversity and Inclusion at Chambers Bar Awards 2019

We are delighted to announce that Sonali Naik QC of Garden Court Chambers won the Highly Commended Award for Outstanding Contribution to Diversity and Inclusion at the Chambers Bar Awards 2019.

1 November 2019

Asylum Appeal allowed outright by Court of Appeal in RS(Sri Lanka)

Patrick Lewis of Garden Court Chambers represented the Appellant, and he was instructed by Arun Gananathan of Birnberg Peirce.

28 October 2019

CJEU decision in Bajratari v SSHD(Case 93/18)

Gráinne Mellon and Ronan Toal of Garden Court acted successfully on behalf of the Aire Centre who were intervenors in the case of Bajarati v Secretary of State for the Home Department [2019] ECR 1.

24 October 2019

Garden Court Chambers ranked in Band 1 in Chambers UK Bar Guide 2020

We are delighted to have once again been ranked in Band 1 by Chambers and Partners in the Chambers UK Bar Guide 2020.

17 October 2019

How will the UK immigration system cope with no deal Brexit?

Written by Patrick Lewis of Garden Court and Anne Morrison of Davidson Morris.

22 August 2019

Garden Court Chambers welcomes new tenant Camila Zapata Besso

We are delighted to announce that Camila Zapata Besso has joined Garden Court Chambers as a tenant.

1 August 2019

New European Court of Human Rights judgment: Greece violates articles 3 and 5

Ronan Toal and Shu Shin Luh of Garden Court acted on behalf of Statewatch as a third party intervener, instructed by Zubier Yazdani of Deighton Pierce Glynn.

20 June 2019

Jo Wilding launches 'Droughts and Deserts: a report on the immigration legal aid market'

The report, launched on 12 June, was written by Dr Jo Wilding of Garden Court and funded by the Joseph Rowntree Charitable Trust.

14 June 2019

High Court declares Home Secretary’s investigation into immigration detention abuse at Brook House inadequate

Stephanie Harrison QC of Garden Court Chambers represented MA instructed by Lewis Kett and Nicholas Hughes of Duncan Lewis Solicitors.

14 June 2019

Albanian asylum claims: our resource hub

We welcome lawyers who represent Albanian clients to read the resources we have recently published about Albanian asylum claims which are available for free here.

11 June 2019

Albanian boys and young men: the risk of trafficking and re-trafficking on return

David Neale of Garden Court's paper addresses the situation of Albanian boys and young men who claim asylum on the basis that they face a risk of trafficking or re-trafficking on return to Albania.

11 June 2019

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