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Anthony Vaughan

  • Call: 2006
Anthony Vaughan

"He is very sharp, organised and a pleasure to work with."

"He's got a great future and impressed me with his work. A solid practitioner who is very bright."

"You always know he will prepare a case to the highest possible standard and give pragmatic advice." 

Legal 500 and Chambers UK Bar Guide

Practice

Anthony specialises in human rights and administrative law and appears before tribunals, the High Court, Court of Appeal and Supreme Court. He is instructed by individuals, charities, companies and other organisations who are bringing or defending claims against public bodies. His areas of expertise broadly encompass the complex and rapidly changing legal regimes affecting people subject to immigration control. Legal issues arising in his caseload include international protection, deprivation of liberty, discrimination, trafficking, safeguarding, social welfare law – including age disputes & asylum support – and cases with a national security dimension in which Closed evidence is relied upon.

What Others Say

Anthony is recommended as a leading barrister in both the Chambers UK Bar Guide 2018 and Legal 500 2017 for Immigration.

Chambers UK 2018:

  • “Hailed by peers, he routinely acts on behalf of high-profile individuals in challenges against decisions of the Home Office, particularly regarding deportation or removal actions. His burgeoning career sees him making regular appearances before the Supreme Court and SIAC.”
  • “He’s got a great future and impressed me with his work… A solid practitioner who is very bright.”

Chambers UK 2017

  • “He is very organised and very good to work with.”
  • “You always know he will prepare a case to the highest possible standard and give pragmatic advice.” 

Legal 500 2017:

  • “He is very sharp, organised and a pleasure to work with.”

Legal 500 2016:

  • Very good on the technical aspects and great with clients.” 

Anthony is a public and administrative law specialist.  His cases frequently involve an international element and challenge the conduct of major Government departments including the Home Office, Foreign Office, Ministry of Defence and the Ministry of Justice. Notable decided cases include:

B (Algeria) v Special Immigration Appeals Commission (2017) – test case heard by the Supreme Court on the scope of powers to grant bail to foreign nationals under the Immigration Act 1971.  B was subject to bail on very stringent conditions which were akin to those imposed on a control order.  B successfully challenged the imposition of conditional bail on him by SIAC, but the Home Secretary appealed.  Judgment is awaited following a hearing in November 2017.  SIAC’s original rulings are here and here.

R (W2) v Home Secretary (2017) – an important case on the remedies available where the Home Secretary deprives a person of British citizenship while they are outside of the country, following Kiarie & Byndloss.  The Court of Appeal ruled that W2 needed to apply for leave to enter in order to be present at his deprivation appeal, and the question of the fairness of that appeal could be decided as a preliminary issue.  W2 is seeking permission to appeal to the Supreme Court.

Sathanantham & others v Home Secretary (2016) – three claims were brought as part of a test case by Leigh Day with the assistance of Bail for Immigration Detainees (BID) following the release of BID’s report – ‘No place to go: delays in provision of s4(1)(c) bail accommodation’ – which showed systemic problems and delays in the provision of bail accommodation to immigration detainees.  The High Court found that the Home Office system for allocating bail addresses to high-risk immigration detainees was operating unlawfully and called for an “overhaul” of the system.

R (Hossain & others) v Home Secretary (2016) – this was a major challenge to the “Detained Asylum Casework” fast-track procedure for deciding asylum claims in detention.  The High Court found that the Home Secretary had breached s 149 of the Equality Act 2010 in failing to have due regard to her public sector equality duty in considering asylum claims in detention.  Read more about the case here.

R (JM & others) v Home Secretary, Immigration Law Practitioners’ Association (Intervening) (2015) – instructed by the Immigration Law Practitioners Association, this was a major test case on the legality of the Detained Fast Track system, which led to the Immigration Minister suspending the DFT process while a “comprehensive review” of the legality of the DFT took place.  The Home Secretary agreed that the DFT “created an unacceptable risk of unfairness to vulnerable or potentially vulnerable individuals”.  Read more here.

In 2015-2016, Anthony was involved in advising refugees and asylum seekers living on the UK’s Sovereign Base Areas in Cyprus as to their right to enter the United Kingdom, involving the extraterritorial effect of the Refugee Convention.

Anthony also acts for claimants in asylum support and community care cases, including in disputes as to the assessment of age and the provision of support to migrant children/ young persons, dispersal decisions, failures to provide bail addresses and other support to migrants.

Anthony is experienced working on cases involving Closed Material Procedures, including within the Special Immigration Appeals Commission and the High Court.

In SIAC, Anthony’s caseload includes appeals and judicial reviews of the refusal of naturalization, deprivation of British citizenship, revocation of indefinite leave to remain and deportation.  He has a detailed knowledge of SIAC’s bail powers, having been involved in the leading case in this issue, B (Algeria) v SIAC (see above).

Because of the high profile and confidential nature of his work in this area, details of ongoing cases cannot be provided.  However, notable decided cases include:

W & others v Home Secretary (“the Algerian appeals”) (2016) – SIAC allowed appeals against deportation by 6 Algerian citizens, which had been ongoing since 2005.  The case was a significant test of the Government’s “Deportation with Assurances” policy.  However, SIAC ruled that the assurances negotiated with the Algerian Government could not obviate the accepted risk of torture, inhuman or degrading treatment which the appellants faced on return.

B v Home Secretary (2015) – the Court of Appeal ruled that SIAC’s decision to strike out B’s human rights appeal on the grounds that B had abused the Commission’s processes in refusing to disclose his identity, was unlawful.  On remittal of the case, SIAC later dismissed the Home Secretary’s strike out application and allowed the appeal (2016).

Anthony regularly advises and represents individuals with public and private law claims for damages arising from unlawful immigration detention and is familiar with the overlap between the two jurisdictions.  In the Administrative Court, Anthony is frequently instructed in urgent applications for interim relief.  He is also involved numerous ongoing claims for damages in the County Court and Queen’s Bench Division.  Recent work includes:

KG v Home Secretary (2018) – challenge to the lawfulness of the operation of rule 34 of the Detention Centre Rules 2001 (for hearing in May 2018), involving a client who was released from immigration detention on the basis of a rule 35(3) report expressing concern that he was victim of torture, which was not detected at the outset of his detention.

Ali v Home Secretary (2017) – successful application for interim relief where client had been detained for 5 months where there were obstacles to obtaining a travel document.

R (Hossain & others) v Home Secretary (2016) – major challenge to the “Detained Asylum Casework” fast-track procedure for deciding asylum claims in detention.  Details here.

R (JM & others) v Home Secretary, Immigration Law Practitioners’ Association (Intervening) (2015) – instructed by the Immigration Law Practitioners Association, this was major test case on the legality of the Detained Fast Track system, which led to the Immigration Minister suspending the DFT. More here.

R (Mhlanga) v Home Secretary (2012): detention of a Zimbabwean national for over 5 years was unlawful in context of moratorium of removals to Zimbabwe between 2008 and 2011.  Judgment here.

Anthony is highly experienced in successfully conducting claims for international protection. Key cases include:

AA (Afghanistan) v Home Secretary (2015) – Supreme Court – leading case on unaccompanied minor asylum-seeking children and family tracing duties under the Procedures Directive.  UKSC Press Summary. Anthony appeared in another leading case in this area, ST (Child asylum seekers) Sri Lanka (2013) in which the Upper Tribunal gave general guidance was given for the conduct of asylum appeals by unaccompanied minors.

BB, PP, U & others v Home Secretary (2015) – Court of Appeal ruling on prison conditions and Article 3 ECHR, and the test for effective verification in “Deportation With Assurances” cases.  SIAC was found to have misdirected itself and the case was remitted back to SIAC.  The appeal before SIAC was the first time that ‘protected evidence’ was relied on pursuant to an irrevocable non-disclosure order, following the Supreme Court’s decision in W (Algeria).   Read more

JD (Congo) & others v Home Secretary (2012) – (Court of Appeal) – the leading case on the application of the second appeals test when appealing from the Upper Tribunal to the Court of Appeal, including in international protection cases.  The case “clarified” the more restrictive ruling in PR (Sri Lanka) shortly after the second appeals test was introduced.  Read more.

R (RQ (Jordan)) v Upper Tribunal (Immigration and Asylum Chamber) (2014) – successful “Cart JR” challenging the First-tier Tribunal’s refusal to remove an asylum appeal from the Detained Fast Track in order to obtain further evidence. Judgment here.

Anthony advises business people, high net worth individuals, workers, graduates, students and their family members, and deals with particularly complex cases falling outside the Immigration Rules.  Anthony has a broad knowledge of the rapidly changing, and extremely complex, Points Based System and has been involved in numerous successful legal challenges in this area.

His expertise also includes British nationality law and EEA free movement law (he is a contributor to the EU law chapter of Macdonald’s Immigration Law and Practice (9th Edition), the leading textbook in the field).

Anthony has detailed knowledge of the law relating to Article 8 ECHR and family-based immigration cases, and was a co-author of Immigration Practice and Procedure in Family Proceedings (Jordans, 2013) and has written on the leading cases in this area.

Anthony has vast experience defending deportation action, which is prosecuted aggressively by the Home Office.  In one case which was ongoing between 2013 and 2017, the client’s deportation appeal was finally allowed in 2017 after Anthony was involved in successfully overturning three Home Office decisions, in which the client won twice in the First-Tier Tribunal, and also defended a Home Office appeal in the Upper Tribunal against the decision.

Anthony advises individuals and organisations on equality and discrimination issues arising in the delivery of goods and services.  Anthony has appeared in discrimination claims in the employment tribunals, County Court and High Court.  Notable cases include:

R (Hossain & others) v Home Secretary (2016) – this was a major challenge to the “Detained Asylum Casework” fast-track procedure for deciding asylum claims in detention.  The High Court found that the Home Secretary had breached s 149 of the Equality Act 2010 in failing to have due regard to her public sector equality duty in considering asylum claims in detention.  Read more about the case here.

R (JM & others) v Home Secretary, Immigration Law Practitioners’ Association (Intervening) (2015) – major test case on the legality of the Detained Fast Track system (Anthony was instructed by the Immigration Law Practitioners Association) which led to the Immigration Minister suspending the DFT.  The Home Secretary agreed that the DFT operated without full compliance with section 149 of the Equality Act 2010 to the extent that certain vulnerable groups were at unacceptable risk of unfairness.  Read more here.

R (Rippington) v London Organising Committee of the Olympic Games (2012) – Anthony was instructed in a claim for judicial review against LOCOG concerning the gender imbalance in the Olympic canoeing programme: see press report here.

Macdonald’s Immigration Law and Practice, 9th edition (Butterworths): contributor to European Union law and Immigration Detention chapters.

“Minimum interference versus rationality: the new battleground in HRA proportionality?” [2013] 18 Judicial Review 4, pages 416-420.

Immigration Practice and Procedure in Family Proceedings, Jordans, March 2013 (co-author with Nadine Finch and Omar Shibli).

“The Tribunal’s new role in Article 8 Statutory Appeals,” (2007) Journal of Immigration Asylum and Nationality Law, Vol 21 No 2 129 (an analysis of the impact of Huang & Kashmiri v SSHD [2007] UKHL 11 on Article 8 ECHR appeals to the Asylum and Immigration Tribunal).

Anthony trained at Garden Court and, before this, was active in several human rights organisations in the Caribbean and Central America. He worked at Jamaicans for Justice (Kingston, Jamaica), where he provided significant research assistance in Michael Gayle v Jamaica (Inter-American Commission on Human Rights 2005), concerning the unlawful killing of a mentally ill man by security forces. Anthony also worked at Derechos en Acción, Guatemala City, on an IACHR application responding to assassinations of landless farmers by persons connected with the banana industry. Prior to that, funded by the European Commission, Anthony worked at the Independent Jamaica Council for Human Rights, Kingston, on capital appeals to the Privy Council, in particular, R v Kenneth Clarke [2004] UKPC 5; (2004) 148 SJLB 146. He also volunteered for the London Detainee Support Group, and Enfield Law Centre providing welfare benefits advice to unaccompanied minor refugees.

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