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Ali Bandegani

  • Call: 2009
Ali Bandegani

Practice

Ali Bandegani practises in all areas of immigration law.

He has particular expertise advising and representing individuals in claims for international protection before the First-tier Tribunal, Upper Tribunal and the Court of Appeal. He also regularly advises claimants in judicial review proceedings challenging the decisions of public authorities relating to immigration matters, removal, nationality and the points based system.

Ali is public access accredited. If you would like to instruct him directly to help you with an immigration matter, please contact the clerks.

 

 

Cases

KM (Uganda) v SSHD (C5/2016/0132)
Permission to appeal granted by the Court of Appeal to consider the correct test in deportation cases for those sentenced to more than four years’ imprisonment. Listed for July 2017.

KV (Sri Lanka) v SSHD [2017] WLR(D) 159
Successful intervention on behalf of the Helen Bamber Foundation in which the Upper Tribunal’s controversial guidance in KV (scarring – medical evidence) Sri Lanka [2014] UKUT 00230 was disapproved.

LT (Kosovo) v SSHD [2016] EWCA Civ 1246
Authority on the tribunal’s approach to deportation orders made on the basis that an individual’s offending had caused “serious harm” per para. 398(c) of the immigration rules.

R (HN and SA) (Afghanistan) v SSHD [2016] EWCA Civ 123
Fresh claim case in the context of the Afghan armed conflict.

Sanneh & Ors v SSWP [2015] WLR(D) 62
Authority on issues concerning the entitlement to social benefits of non-EU nationals who were the primary carers of children who were EU citizens and British nationals.

R (Ali Zahid) v SSHD [2013] EWHC 4290
Held the SSHD’s failure to give the Claimant notice of removal, then telling him removal would not occur, amounted to an illegality and the Claimant was entitled to more than nominal damages. 

FA (Iraq) v SSHD [2010] 1 WLR 2545
Authority on the tribunal’s jurisdiction in ‘upgrade appeals’ (s83. NIAA 2002) to determine status pursuant to subsidiary protection in addition to refugee status. Ali drafted initial permission applications for permission to appeal.

SM (Section 8: Judge’s process) Iran [2006] INLR 149
Authority on approach to and meaning of s.8 of the 2004 Act concerning credibility.

Country Guideline cases

MA (Afghanistan) v SSHD (to be heard in April 2017)
The Upper Tribunal will give guidance on the risks to gay men in Kabul.

KH (Article 15(c) Qualification Directive) Iraq CG [2008] UKAIT 00023
Effectively became QD & AH (Iraq) -v- SSHD [2009] Imm AR 132, authority on the core scope and meaning of subsidiary protection in situations of armed conflict pursuant to Art. 15(c) of the Qualification Directive.

MA (Palestinian Arabs – Occupied Territories – Risk) CG [2007] UKAIT 00017
Held Palestinian males suspected of terrorist involvement by the Israeli state will be at real risk of persecution and/or Article 3. Denial of right of return without more does not give rise to a real risk of persecution, a finding upheld by the Court of Appeal: MA (Palestine) -v- SSHD [2008] Imm AR 617.

FK (FGM – Risk and Relocation) Kenya CG [2007] UKAIT 00041
Held a woman will be at real risk in her own home area if she comes from an ethnic group (or sub-group) where female genital mutilation (FGM) is practised but such women can reasonably relocate and will not be at risk of FGM from the ‘Mungiki’. In the Court of Appeal it was held the tribunal did not consider FK’s case with sufficient specificity: FK (Kenya) v SSHD [2008] EWCA Civ 119.

NS (Iraq: perceived collaborator: relocation) Iraq CG [2007] UKAIT 00046
Held those suspected of perceived collaboration with Multi National Forces are at real risk of persecution and/or Article 3 ECHR breach in Iraq. No internal relocation to the Kurdish Region.

LM (Educated women – Chaldo-Assyrians – risk) Iraq CG [2006] UKAIT 00060
Held that Christian, English-speaking Iraqi women are at real risk of persecution because of the armed conflict in Iraq. There is no possibility of relocating to the Kurdish Region.

Publications

  • Ali is a contributor to Macdonald’s Immigration Law and Practice, 9th Ed.
  • We will make you forget everything: torture in Iran since the 2009 election – Freedom from Torture – Advised and edited FfT’s clinical report on human rights abuses in Iran. The UN Special Rapporteur on Iran drew heavily on the research for his report to the UN Human Rights Council (2013).
  • Family Tracing Recent Developments in the Law and Ensuing Issues’ – ILPA Refugee Children’s Project – Contributor – delivered by Sonali Naik at ILPA children’s conference on 29 November 2012
  • Joint Council for the Welfare of Immigrants (JCWI) – case summaries posted on the JCWI blog (2008 – 2010)
  • Assessment of UKBA Operational Guidance Note on Occupied Palestinian Territory (2012) – Amnesty International (Still Human Still Here).
  • Closing Protection Gaps: Handbook on Protection of Palestinian Refugees in States Signatories to the 1951 Refugee Convention. BADIL Resource Centre for Palestinian Residency & Refugee Rights, University of Cairo (2010) – UK contributor.
  • Country Information in Asylum Procedures: Quality as a Legal Requirement in the EU- Hungarian Helsinki Committee (2008) – UK contributor.
  • Legal Bulletins reporting on domestic, EU and ECHR cases (2002-2010) – Refugee Legal Centre.

Training

  • Immigration Law Practitioners’ Association (ILPA) – Challenging decisions in the Upper Tribunal.
  • Joint Council for Welfare of Immigrants – Refugee law; Refugee and Human Rights Appeals; Immigration Detention and Bail, Establishing errors of law.
  • Refugee Legal Centre – Immigration and Asylum Appeals.

Pro bono work

Ali has undertaken internships at Liberty and REDRESS and is a volunteer representative for Bail for Immigration Detainees (BID).

Background

Before coming to the Bar, Ali gained considerable experience in private client and international protection work at Gherson, Elder Rahimi solicitors and as a Legal Officer at the Refugee Legal Centre. He represented individuals in the original and appellate jurisdictions of the Immigration and Asylum Tribunal in several Country Guideline decisions, and also drafted applications for permission to appeal to the Upper Tribunal and the Court of Appeal in a number of reported cases.

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