Jo Wilding

Year of Call: 2007

Jo practises in asylum and immigration, including trafficking, unlawful detention and damages for false imprisonment. She is currently on sabbatical at the University of Brighton, working on research on legal aid for asylum and immigration work.

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If you would like to get in touch with Jo please contact the clerking team:

+44 (0)20 7993 7600

You can also contact Jo directly:

+44 (0)20 7993 7689

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FALSE IMPRISONMENT

Jo acts in claims for damages for false imprisonment under immigration powers. Successes include: an Iraqi national detained after finishing a prison sentence, where the probation trust had failed to approve or allocate accommodation for him, preventing him from making an effective bail application; a victim of human trafficking unlawfully detained for removal to Eritrea; and a woman detained for an excessive period with a view to removal to Italy under the Dublin Convention.

 

 

 

Jo's public law practice includes a broad range of asylum and immigration-related work including trafficking (challenging negative reasonable and conclusive grounds decisions), challenging refusals in asylum fresh claim cases, fitness-to-fly challenges to proposed removals and unlawful detention, including obtaining interim relief in the form of release.

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IMMIGRATION: ASYLUM AND HUMAN RIGHTS

Overview

A recent asylum case involved a young person who had arrived in the UK as a child, had had his nationality disputed, suffered poor representation at first instance and subsequently made a fresh claim. Jo worked closely with instructing solicitors on the fresh claim appeal, meticulously preparing and thoroughly dissecting the evidence - particularly the language analysis reports - which resulted in both the client's nationality and his account being accepted, leading to a grant of asylum.

Jo makes effective use of empirical psychological evidence in asylum cases where credibility is in dispute. For example, Home Office refusal letters and Tribunal decisions frequently rely on assumptions about what is reasonable to expect an applicant to remember, which is contrary to evidence around normal and traumatic memory. She is a strong believer in weaving together the facts, psychological evidence and case law as a narrative to put forward the client's account in a compelling way.

Notable Cases

D (DRC) [2012] CO/5969/2012: obtained an injunction preventing removal to the DRC, expressed as affecting all removals to the DRC.

R (TA) v SSHD [2012] Court of Appeal: obtained an emergency injunction (on appeal from Admin Court) preventing removal of an elderly Iraqi woman on the basis of administrative unfairness and a fresh claim. Subsequently secured bail.

R (on the application of TWM) v Upper Tribunal CO/2412/2011 (settled in 2014): "Cart" judicial review. Permission granted and case settled with a grant of humanitarian protection to a Zimbabwean national with significant mental health problems.

GK (Zimbabwe) [2011] Court of Appeal: permission granted on asylum and Articles 3 and 8 on the basis of arguments which took the matter beyond "pure medical" issues to bring the Appellant's sight loss within the scope of Articles 3 and 8.

MHM (Iraq) v SSHD and Tower Hamlets Probation Service [2012] Admin Court: detention found unlawful, on a challenge against both UKBA, who maintained detention for an excessive period under s36(1) power, and the probation service, who failed to provide approved accommodation in order for MHM to make an effective bail application.

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Trafficking and Modern Day Slavery

Overview

Jo undertakes trafficking work at Tribunal and judicial review level. Tribunal successes include a grant of asylum as a former victim of trafficking for a Vietnamese child, a grant of asylum for an adult male Afghan as a former victim of trafficking and grants for female DRC nationals trafficked for exploitation as children. She also succeeded on a s83 'upgrade' appeal for a child victim of trafficking from the DRC.

Notable Cases

R (on the application of SSM): obtained interim relief in the form of release from detention, permission to challenge a negative reasonable grounds decision and later damages for false imprisonment.

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Administrative and Public Law

R (on the application of Andargi) v SSHD [2014] EWHC The Claimant's detention was unlawful because the Defendant's consideration of the Rule 35 report was inadequate and by reason of excessive length in the circumstances.

R (on the application of Efenure) v SSHD [2013] EWHC 3072: the decision to treat a student as an illegal entrant on the basis of verbal deception was unlawful, as was his consequent detention for five months. Damages awarded.

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Background

Jo joined as a tenant at Garden Court Chambers in 2007 after completing pupillage here. Prior to that she spent several months in Iraq - before, during and after the 2003 invasion - documenting civilian casualties, setting up and running a small circus where she worked with traumatised and internally displaced children, and writing a weblog which later became a book and a stage-play, Don't Shoot the Clowns.

She spent time in Fallujah during the April 2004 siege, where she escorted ambulances through conflict areas. For this work she was co-nominated as one of the 1000 Peacewomen for the Nobel Peace Prize. Her writing from Fallujah was included in Tell Me No Lies: Investigative Journalism and its Triumphs, edited by John Pilger, who described her work as, "some of the finest frontline reporting of the war" and "the best and bravest eyewitness journalism".

Jo is mum to two children and has recently taken up pole vaulting.

Publications

Jo is a contributor to the eighth and ninth editions of Macdonald's Immigration Law and Practice and the upcoming fifth edition of Jackson and Warr's Immigration Law and Practice.

Jo is currently on sabbatical at the University of Brighton, working on a PhD on legal aid for asylum and immigration work. The research investigates how the peer-recognised high-quality practitioners, firms, not-for-profits and chambers try to balance quality, financial viability and access for clients in a time of legal aid cuts, and examines ways in which the legal aid fee regime and contract create legal aid advice deserts, force down quality and cause serious financial losses for quality lawyers while protecting the market position of poor-quality ones.

Previously she was a Research Fellow at the University of Brighton, working with Professor Marie-Benedicte Dembour on the EU-funded investigation of the application of the best interests principle to unaccompanied children seeking asylum in the UK, France, Austria and Slovenia. The national report is available here and Jo's evidence was extensively cited in the House of Lords EU Home Affairs Sub-Committee report, Children in Crisis: unaccompanied migrant children in the EU - is available on the parliament website. Articles based on this research have been published in the International Journal of Refugee Law and Critical Social Policy.

Jo was the legal expert on the Quality of Asylum Legal Advice research team comprising Migration Work CIC, Refugee Action and Asylum Research Consultancy, commissioned by the Solicitors Regulation Authority, Legal Ombudsman and Unbound Philanthropy - available on the Solicitors Regulation Authority website.

Training and Seminars

Jo is a part-time law lecturer at the University of Brighton and also delivers in-house training and is happy to tailor training to the needs of solicitors or other organisations.

Education

  • BA (Hons) Combined Studies (Newc)
  • MSc Exercise and Health Science (Bristol)
  • PGDip Law (UWE Bristol)
  • BVC

Professional Membership

  • ILPA

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