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Anthony Vaughan

  • Call: 2006
Anthony Vaughan

“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.” 

Chambers UK Bar Guide

Practice

Anthony is a public lawyer with particular specialism in immigration, asylum and human rights law, including detention, social welfare law (including age disputes, asylum support), cases with a national security dimension and discrimination.

Anthony is public access accredited and welcomes enquiries from people or organisations seeking advice or representation in his areas of specialism.

What Others Say

The Court of Appeal has praised Anthony’s oral submissions as “cogent” and “attractive” and has described his written arguments as “well composed” and “carefully prepared.”

Anthony is recommended in both the Chambers UK Bar Guide 2017 and Legal 500 2016 for Immigration.

Chambers UK 2017:

  • “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 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 2016:

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

Immigration and Asylum

Anthony has a broad expertise across all areas of UK and EU immigration and asylum law, and appears in courts and tribunals at all levels.

Anthony was recently involved in AA (Afghanistan) v Home Secretary [2015] UKSC 40 (UK Supreme Court) concerning the approach to asylum appeals involving the Home Office’s failure to trace the family members of an unaccompanied asylum seeking children (led by Stephen Knafler QC).  Anthony had earlier appeared in another leading case in this area, ST (Child asylum seekers) Sri Lanka [2013] UKUT 292 (IAC).

Anthony advises businesspeople, 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 Tribunal and High Court challenges to PBS refusals.  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).

Other significant immigration and asylum cases include:

R (RQ (Jordan)) v Upper Tribunal (Immigration and Asylum Chamber) [2014] EWHC 559 (Admin): successful “Cart JR” challenging the First-tier Tribunal’s refusal to remove an asylum appeal from the Detained Fast Track in order to obtain more evidence. Judgment here.

JD (Congo) & others v Secretary of State for the Home Department [2012] EWCA Civ 327, [2012] 1 WLR 3273 (Lord Neuberger MR, Maurice Kay VP and Sullivan LJ): the leading case on the application of the second-tier appeals test when seeking to appeal from the Upper Tribunal to the Court of Appeal (led by Raza Husain QC).  Read more.

DS (India) v Home Secretary [2009] EWCA Civ 544: a pre-section 55 case challenging the Upper Tribunal’s approach to the best interests of a deportee’s minor child.

Detention

Anthony regularly advises and represents individuals with public and private law claims for unlawful detention.

Significant recent cases include B v Home Secretary and Special Immigration Appeals Commission [2015] EWCA Civ 445, which clarifies the scope of the Commission’s bail powers.  Lord Dyson MR ruled that the Commission had no power to impose bail conditions on an applicant who could not be detained lawfully under the Immigration Acts: read more (led by Stephanie Harrison QC).  The Home Secretary has sought permission to appeal to the Supreme Court.

Anthony is involved in RE & others v Home Secretary, the current test case on the legality of the Detained Fast Track system (representing the Immigration Law Practitioners Association, intervening, led by Stephen Knafler QC).

R (Mhlanga) v Home Secretary [2012] EWHC 1587 (Admin): M was a Zimbabwean who had been detained during the worst abuses of the Mugabe regime, at a time when the UK Government operated a moratorium on returns to Zimbabwe.  The High Court held that his detention of over 5 years was unlawful; and the Home Secretary later conceded that that his detention between April 2008 and December 2011 had also been unlawful (led by Stephanie Harrison QC). Judgment here.

National security

BB, PP, U & others v Secretary of State for the Home Department [2015] EWCA Civ 9: the Court of Appeal overturned the Special Immigration Appeals Commission’s approach to the ‘Deportation with Assurances’ programme and found that SIAC had applied the wrong test under Article 3 ECHR.  SIAC also was found to have reached a perverse conclusion in holding that the Algerian Government’s assurances that the Appellants would not be tortured on return could be verified.  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).  Anthony appeared with Dinah Rose QC, Stephanie Harrison QC, Amanda Weston and Charlotte Kilroy.  Read more

B v Home Secretary and Special Immigration Appeals Commission [2015] EWCA Civ 445: the Court of Appeal ruled that the Commission’s decision to strike out B’s human rights appeal on the grounds that B had abused the Commission’s process, in refusing to disclose his identity, was unlawful.  Read more.  Anthony was led by Stephanie Harrison QC.

Welfare and support

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.

Discrimination/ Employment

Anthony also appears in the employment tribunals and advises on claims for discrimination.  He was involved in a claim for judicial review against the London Organising Committee of the Olympic Games concerning the gender imbalance in the Olympic canoeing programme: see press report here.

Publications

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

“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).

Background

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 (IACHR), Washington DC, Case 12.418, Report 92/05), a case 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 allegedly 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 for whom he provided welfare benefits advice to unaccompanied minor refugees.

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