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David Jones

Year of Call: 1994

"David was very professional, ethical and factual when he took my case. He explained my options to my family and I, while allaying our fears along the way. He has shown dedication and empathy, and his team are kind and experienced. I will highly recommend him for his persistence, advocacy and professionalism."

Janet Danladi, Public Access Client, May 2020

“David's vast knowledge of immigration law makes him a first choice in complex cases, but his compassion and understanding of the human cost to his client of not winning their case gives him the drive needed to take on the Home Office against the odds."

Amanda Penfold, Public Access Client, May 2020

“David believes in people, because he understands them... you know that David will never let you down and will make the court feel the same way about you, as he does.”

Alexander Shapovalov, Public Access Client, April 2020

“I can’t speak highly enough of David. His dedication and attention to detail in a complex case involving medical elements... led to a swift conclusion in our favour. Our case was put forward in an impeccable manner, leaving no space to our counterpart to have any chance of success. We were mostly mesmerized with his final submissions and speech, thank you David.”

Monique Gonggrijp-Bello, Public Access Client, November 2019

"His closing speech was a tour de force, it would be all too easy to come across as preachy or pompous but he delivered this eloquently and with great passion and emotion."

Justin Davies, Public Access Client

Contact

To get in touch:​ Or you can contact the relevant​ Practice Team Clerks directly and they will be happy to assist with your enquiry.

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For solicitors & organisations | For individuals

David is an accomplished Immigration and human rights practitioner with more than 20 years experience. He is passionate about the work he does, appreciating that in his area of practice – whether it be a claim for asylum or an application for leave as an investor – outcomes change lives.

David endeavours then in every case to obtain the best possible outcome for his clients relying on his considerable experience, expertise and an unerring determination.

IMMIGRATION, PUBLIC LAW AND CIVIL LITIGATION

Overview

Over more than two decades David has developed an extraordinary level of expertise as a practitioner barrister in all areas of immigration, human rights, EU Free Movement, and nationality law. David also enjoys an expanding practice in managed and business migration.

David is an accomplished litigator in the appeal courts – from the First Tier of the Immigration and Asylum Chamber through to the Court of Appeal, in the sphere of judicial review both in the Upper Tribunal and Administrative Court, and the realm of civil litigation in relation to unlawful detention cases, regularly trying or settling high-value claims. David has in particular over time been at the vanguard of proceedings seeking to attain equality of treatment for Foreign National offenders, particularly with regard to accessing to early release programs and resisting enforcement action.

David also enjoys a vibrant direct access practice, enjoying the opportunities and challenges afforded by the extension of rights of access, and endeavouring to provide the best service possible to his clients by securing the litigation extension which enables him to issue proceedings, conduct negotiation and instruct expert witnesses.

Notable Cases

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise 
QA v SSHD (D03CL294) in the Central London County Court
David acted for the Applicant, QA, instructed by Tori Sicher of Sutovic & Hartigan Solicitors, whose claim for damages for unlawful detention concluded mid-trial with an offer of settlement. The case challenged in particular the lawfulness of the enforcement exercise initiated by the Home Office in 2017, which operated contrary to the Iraqi Government’s prevailing and approved removal processes and the Home Office’s published Guidance which allowed only for documentation and return of persons prepared to leave voluntarily.

False imprisonment and personal injury claim made by Zimbabwean national lawfully present in the U.K
Tapiwa Matukutire settled at pre-action stage
False imprisonment and personal injury claim made by Zimbabwean national lawfully present in the U.K. who was falsely accused of being present irregularly and was subject to humiliating attempts to detain and restrain by more than 6 immigration officers in his own home owing to a failure to properly check his status before pursuing enforcement action. The case revealed the human cost of the information sharing created by the “hostile environment” policy which required banks, landlords, and the DVLA report on people they suspected were  in the U.K. illegally, through access to an immigration database. It disclosed too the weakness in the system due to the poor quality of data sharing — and then the poor interrogation of tip-offs by the Home Office. This case has also received media coverage from ITV News and Sky News.  

European Court of Human Rights (ECtHR) finds torture victims detention unlawful
S.M.M. v. THE UNITED KINGDOM (Application no. 77450/12).
The ECtHR found the U.K. had violated Article 5 § 1 was found, concluding more decisive steps should have been taken to bring the decision making process swiftly to a close given his acknowledged vulnerability of the Zimbabwean national.

Restoration of currency of Iraqi country guidance
QA v SSHD C4/2017/2737 on appeal from the Admin Court R (on the application of Amin) [2017] EWHC 2417 (Admin)
Acted for the Appellant. Obtained leave to appeal to appeal against the decision of the Administrative Court in which he had overrode the Country Guidance decision of the Upper Tribunal in AA(Article 15C) Iraq [2015] which had found Kirkuk to be a contested territory. The Home Office subsequently conceded the appeal, paying the Appellant’s costs. The decision of Admin Court had been extensively relied upon by the Home Office and the Lower court’s in order to deny a protection entitlement to Iraqi asylum seekers. Quashing the decision restored AA’s status as a binding precedent and obliged decision makers distinguish the findings in the same by reference to prevailing country evidence, and where they could not, required they acknowledge a protection entitlement.

Country Guidance properly construed entitling Iraqi asylum seeker to a fresh claim
R (on the application of H) v The Secretary of State for the Home Department (application of AA (Iraq CG)) IJR [2017] UKUT 00119 (IAC)
The Upper Tribunal revisited its own decision in the country guidance case of AA (Article 15(c)) Iraq CG [2015] UKUT 00544 (IAC) in this judicial review, emphasising that a proper reading of that determination did not enable decisions makers to suspend their assessment of an applicant’s entitlement tointernational protection merely because they could not currently be returned, owing to a lack of particular travel documentation. Rather, it obliged a thorough and particular review of the individual circumstances of that applicant in order to determine whether a claim to international protection could be made out by reference to other factors apart from documentation, such as ethnicity, gender, age and strength of attachments.

Nigerian National defeats Home Office decision refusing to revoke deport order and obtains damages for unlawful detention
OA, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 486 (Admin) (15 March 2017)
The Court concluded that the decision maker had erred in the law when rejecting the application to revoke an outstanding deportation order noting the fact of the birth of a child following the adverse disposal of an earlier appeal by the Tribunal and expressly rejecting the Home Office’s submission that the interests of that child could be extrapolated from, and so rejected, in reliance upon the assessment previously carried out by the Tribunal in respect of the claimant’s other children. The Court also found the claimant had been unlawfully detained, highlighting when so doing a Memorandum of Understanding between the Nigeria and British Governments the terms of which it recognised operated in this case as a substantial bar to documentation and so removal.

Albanian Domestic violence victims claim secures a right of appeal
FR & Anor (Albania), R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 605 (23 June 2016)
The Court of Appeal gave an important ruling in this case as to the approach that needed to be followed by the Home Office when certifying asylum and human rights claims as “clearly unfounded” emphasising the need to give separate consideration to a claim for asylum, where she decides whether the claim should be refused, and the decision on the issue of certification, and stressing that Certification was only possible where the claim admitted of only one answer before the tribunal.

Protection claims for homosexual men held to enjoy substance
R on the application of SE v Secretary of State for the Home Department [2016] UKUT JR-13730-2015 This judicial review concerned the denial of access to an in-country right of appeal to an Albanian homosexual, with the threshold of harm necessary to establish persecution and the necessity exhaust domestic avenues of protection also being in issue being contentious issues in the case. The Upper Tribunal ruled authoritatively in favour of the Applicant to the effect that there was facility even on the latest country information for the establishment of a protection need by homosexuals.

Contact David

Latest News

Reported case: High Court orders release of vulnerable immigration detainee

Claimant represented by Taimour Lay of Garden Court Chambers instructed by Bahar Ata of Duncan Lewis Solicitors. David Jones of Garden Court Chambers is instructed in the ongoing unlawful detention claim.

21 August 2020

Court of Appeal allows appeal against deportation order approved by Upper Tribunal on grounds of identifying procedural unfairness in decision making and findings of fact

David Jones and Tim Baldwin of the Garden Court Chambers Immigration and Public Law Teams appeared for the Appellant instructed by Rachel Meates of Irving and Co Solicitors.

10 July 2020

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise

David Jones of Garden Court Chambers was instructed by Tori Sicher of Sutovic & Hartigan Solicitors.

2 March 2020

A Father Was Arrested And Pinned To The Ground Naked In His Home By Immigration Officers Acting On A False Tip-Off

This article was written by Emily Dugan for BuzzFeed News. David Jones of the Garden Court Chambers Immigration Team is representing Tapiwa Matukutire.

21 September 2018

David Jones delivers speech on common claims against the Home Office on panel at Commonwealth Forum UK at the House of Commons

David Jones joined the panel for the Commonwealth Forum UK organised by Britafrique and Affirm Human Rights UK on Monday 1 May. 

2 May 2018

European Court of Human Rights finds UK in breach of Article 5 over unlawful detention of Zimbabwean national

David Jones of the Garden Court Chambers Immigration Team represented the Zimbabwean national.

23 June 2017

High Court overturns refusal to allow fresh claim for revocation of deportation order

David Jones of Garden Court Chambers represented the claimant in the High Court.

9 May 2017

Updated Iraq country guidance clarifies criteria for assessing entitlement to international protection

David Jones of Garden Court Chambers acted for the claimant.

23 March 2017

Garden Court and Stephanie Harrison QC shortlisted for Human Rights and Public Law awards

Garden Court has been shortlisted at the Chambers Bar Awards, whilst Stephanie and our Public Law Team are shortlisted at the Legal 500 Awards.

21 October 2016

Chambers UK Bar Guide ranks Garden Court in Band 1

Garden Court Chambers recognised as a leading set for immigration, social housing, civil liberties, police law, Court of Protection, crime and inquests and public inquiries.

30 October 2015

Garden Court Chambers ranked Band 1 in Chambers UK 2014

We are once again delighted to have been ranked as a leading set by Chambers and Partners in the Chambers UK 2014 directory.

31 October 2013

Garden Court Chambers recommended as Top Tier Set in Legal 500 2013

Garden Court Chambers is once again delighted to have been recommended as a Top Tier Set in this year's Legal 500. We are recommended in six areas of law as a set, with 11 silks and 27 junior barristers recognised individually.

25 September 2013

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Background

David began his practice as locum caseworker for the Immigration Advisory Service. At the same time he also volunteered as an outdoor clerk for the Joint Council for the Welfare of Immigrants, and worked as an Administrative assistant at the Immigration Law Practitioners’ Association (ILPA).

For several years following the commencement of practice David also assumed the role of a Trustee at the Charity Electronic Immigration Network.

In 2000 David co-founded HJT Research with the objective of developing a comprehensive database of human rights reports to aid practitioners and litigants concerned with establishing an entitlement to protection by reason of conditions on their countries of origin. The resource is now in its 20th year, is published by the Electronic Immigration Network and provides a comprehensive record of human rights conditions in over 120 countries worldwide.

Perceiving a need in the sector David established with long term friend and Colleague Mark Symes, a specialist immigration and human rights training company HJT Training in 2003. Over time HJT has delivered training on all areas of immigration and human rights law to a diverse array of delegates from all areas of practice, as well as NGO’s, Governmental departments (both foreign and domestic), International agencies and commercial entities.

Outside of his professional life he has assumed the role of a school Governor and Chair of Governors to. Westminster Diocesan School between 2009 and 2014. He has also served on working groups concerned with the establishment of Academies within the faith school system at both County and Diocesan level.

He is currently a member of the Haldane Society of Socialist Lawyers and ILPA.

Publications

David is a long-time contributor to Macdonald's Immigration Law and Practice 5th-9th Editions (Butterworths Lexis Nexis). 

David is also a contributor and editor of Mastering Immigration Law, an online resource of immigration and human rights law.

He also contributed to HJT's Immigration Manual from its inception through to its current 20th Edition.

He has, in the past, prepared immigration chapters for both Your Rights (Liberty); and Atkins Court Forms Immigration Volume (Butterworths).

More recently David prepared the Trafficking chapter in the Immigration and Asylum Handbook published by the Law Society.

Training and Seminars

Over the past two years David has prepared and presented training courses on the following:

  • Basic principles of Judicial Review
  • Unlawful Detention: law and procedures
  • Free movement and the European Union
  • Nationality Law
  • Tier 1 and 2 points based system
  • Employers sanctions and illegal working
  • Article 8 within and outwith the rules
  • Rule 39 applications to the European Court of Human Rights
  • Policies and concessions of the UK Border Agency (UKBA)
  • Deportation
  • Advocacy

Education

  • Bar Vocational Course - Inns of Court School of Law (1995-1996)
  • LLM International Economic and Corporate Law - Queen Mary College, University of London (1994-1995)
  • LLB Hons (2:1) - Queen Mary College, University of London (1991-1994)
  • Foundation Degree in English and American Literature - University of Kent (1990-1991)

Professional Membership

  • Immigration Law Practitioners' Association
  • Haldane Society
  • Amnesty International

We are top ranked by independent legal directories and consistently win awards.

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