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Bijan Hoshi

  • Call: 2011
Bijan Hoshi

Practice

Bijan is a public law barrister.  He specialises in administrative and human rights law, in particular in cases concerning migrants’ rights.  He has acted at all domestic levels up to and including the Supreme Court, as well in proceedings before the European Court of Human Rights.

The focus of Bijan’s practice is on immigration, asylum and nationality law.  As well as acting in both judicial review claims and statutory appeals in these areas, he also advises on the making of applications to the Home Office.  He is particularly experienced in advising on complex, politically-sensitive asylum applications – cases in which extradition proceedings are often either anticipated or running in parallel – though his recent cases have raised a broad spectrum of issues in areas including protected rights under the European Convention on Human Rights, British nationality law, general immigration under the Immigration Rules (including the Points Based System), exceptional cases falling outside the Immigration Rules, EU law, trafficking and immigration detention.  He is regularly instructed to challenge removal from the UK at short notice, and to seek urgent injunctive relief if necessary.

Bijan’s practice also encompasses judicial review claims that raise prison and community care law issues, challenging executive decision-making that adversely affects the lives of foreign nationals in these areas.

Selected reported cases

  • R (Kiarie; Byndloss) v Secretary of State for the Home Department [2017] UKSC 42; [2017] WLR 2380.  In a landmark judgment of general application, the Supreme Court ruled that the certification of two human rights claims under section 94B of the Nationality, Immigration and Asylum Act 2002 was unlawful under Article 8 European Convention on Human Rights.  Bijan represented the First Intervener, Bail for Immigration Detainees, led by Michael Fordham QC and Sonali Naik.
  • R (OO (Nigeria)) v Secretary of State for the Home Department [2017] EWCA Civ 338.  For the first time in a reported case, a section 94B Nationality, Immigration and Asylum Act 2002 certification decision was held to be substantively disproportionate under Article 8 European Convention on Human Rights and quashed.  Bijan represented the successful Appellant, OO, led by Sonali Naik.
  • HD (Trafficked women) Nigeria CG [2016] UKUT 454 (IAC).  The Upper Tribunal considered and gave country guidance for victims of trafficking returning to Nigeria, deciding that the key risk criterion was vulnerability to re-trafficking.  Bijan represented the successful Appellant, HD, led by Kathryn Cronin and Matthew Moriarty.
  • R (KP) v Secretary of State for the Home Department IJR [2016] UKUT 27 (IAC).  Bijan represented the successful Applicant in an application for judicial review of a decision to refuse to treat his further submissions as a fresh claim for asylum.

Publications

Bijan contributed to the most recent edition of Macdonald’s Immigration Law and Practice, widely acknowledged to be the most authoritative text on UK immigration law, and is a regular contributor to the Free Movement immigration law blog.

Background

Before coming to the Bar, Bijan worked for a number of organisations dedicated to protecting vulnerable and disenfranchised members of society.

Prizes and scholarships

  • 2011: City Law School BPTC Prize (outstanding achievement on the BPTC course, City Law School).
  • 2010: Inner Temple Princess Royal BPTC Scholarship.
  • 2008: Arts and Humanities Research Council LLM Scholarship.
  • 2007: BPP Senior Academic’s GDL Scholarship.
  • 2006: Harold Collier Bursary (highest mark among male graduates in the Faculty of Arts, University of Glasgow).
  • 2006: James J. Tumelty Prize (highest mark among graduates in the History Department, University of Glasgow).
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