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Ali Bandegani

  • Call: 2009
Ali Bandegani

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.

Notable cases

KV (Sri Lanka) v SSHD (Helen Bamber Foundation, Freedom from Torture, and Medical Justice Intervening)
Ali is instructed by all three intervenors in this case where the Supreme Court will give guidance on the correct approach to medical evidence in asylum cases alleging torture.

R (Rahimi & Bahadori) v SSHD (Public Law Project intervening) UKUT 2018
The applicants’ challenged the Government’s ‘removal window’ policy (allowing removal at anytime for up to three months without notice of the date and time of removal). In response to the claim, the SSHD amended his policy so individuals could request access to advice, documents and the courts. Notwithstanding these improvements, a presidential panel declared the policy to be arbitrary, imprecise and unlawful in key respects.

S.A.C. v United Kingdom, App no. 31428/2018
The ECtHR granted S.A.C. interim relief under rule 39 of the court’s procedures. The ongoing substantive complaint concerns the risk of serious harm to gay/bisexual men in Bangladesh. The ECtHR have posed two questions: 1.  Would S.A.C. face a real risk Article 3 ECHR treatment due to his sexual orientation if returned to Bangladesh?; 2. Would he have to conceal his sexual orientation to avoid ill-treatment and would that be compatible with his Convention rights? Ali Bandegani is counsel for S.A.C.

R (Bah) v SSHD [2018] EWHC 2942
Mr Bah had committed serious offences and was at high risk of re-offending. His administrative detention became unjustified when his mental health deteriorated. The court held the decision maker appeared to “focus on looking for reasons not to release rather than a clear application of the AAR policy in light of the new evidence.” Mr Bah received substantive damages for breaches of both the Hardial Singh principles and the Adults at Risk policy for the last 35 days of his detention.

Mwesezi v SSHD[2018] EWCA Civ 1104
Deportation appeal concerning application of s117C of the NIAA 2002.

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

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.

  • 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.
  • 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.
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