Raza Halim specialises in public law, with an emphasis on refugee law and human rights. He specialises in judicial review and appellate work in the fields of unlawful detention, international protection and national security matters in SIAC.
Notable Cases
Hemmati & Ors v Secretary of State for the Home Department [2019] UKSC 56
Led by Michael Fordham QC. Supreme Court held that Home Secretary had failed to institute into domestic law and apply the high level of protection provided by EU law against the detention of asylum seekers. That meant that the appellants and any asylum seeker who had been detained pending their removal to Member States between 2014 – 2017, were entitled to damages for the tort of false imprisonment. Press coverage: The Guardian and Independent.
Idahosa v R [2019] EWCA Crim 1953
Successful appeal against conviction for a refugee using false documents in order to escape persecution. The Appellant served 15 months in prison owing to the defective legal advice of his lawyers. Court of Appeal provided guidance on the statutory interpretation of being in “transit”.
MR (Pakistan) & Anor v Secretary of State for Justice & Ors [2019] EWHC 3567
Led by Hugh Southey QC. Judicial review of the scheme governing the detention of immigration detainees held in the prison estate where the Prison Rules fail to provide equivalent protection or mechanisms to discover and release detainees who are victims of torture, compared to the rules governing immigration detention centres. That lacuna is also a breach of Article 14 ECHR and Equality Act 2010.
Foley v Secretary of State for Justice & Anor [2019] EWHC 488
Challenge to the decision by the Secretary of State to retain Claimant in custody pursuant to an indeterminate sentence of imprisonment for public protection, depriving him of removal from prison through the "Tariff-Expired Removal Scheme" ("TERS").
Gasztony v Secretary of State for the Home Department & NHS England [2019] EWHC 2879
Unlawful detention of a person suffering from autistic spectrum disorder in breach of the Home Secretary’s published policy, Article 8 ECHR, and at common law, where, but for delays attributable to the Secretary of State, the Claimant could have been released, instead his mental health decomposed in detention. The Court held that the Secretary of State had a “special duty” to vulnerable persons in detention to ensure that there is no unnecessary delay in locating and securing appropriate accommodation/treatment in the community.
ZN Afghanistanv Secretary of State for the Home Department [2018] EWCA Civ 1059
Led by Stephen Knafler QC. Court of Appeal held that it was relevant to take into consideration the fact that a party was funded by legal aid, when determining the award of costs. The Court held that effective access to justice was of profound concern to the courts, especially in the field of public law, which concerned the legality of the executive's actions and so related in a direct way to the rule of law.
Adegun v Secretary of State for the Home Department [2019] EWHC 22
The detention of a seriously mentally ill man, suffering inter alia psychotic bipolar disorder, previously been sectioned under the Mental Health Act, was unlawful. The Home Secretary failed to discharge her duty of care by failing to dispense critical anti-psychotic medication to him, worsening his condition.
Hussein & Ors v Secretary of State for the Home Department & G4S (Liberty intervening) [2018] EWHC 213
Led by Stephanie Harrison QC. The Secretary of State had interfered with and indirectly discriminated against the rights of Muslim asylum seekers and migrants, protected under Articles 9 and 14 ECHR. The conditions in the detention centre compromised their ability to observe their faith through prayer. Press coverage: BBC, The Guardian, The Independent.
AM (Afghanistan) v & Lord Chancellor & Anor [2017] EWCA Civ 1123
Led by Stephanie Harrison QC. Guideline case as to the principles to be applied in the determination of asylum claims made by vulnerable, incapacitated and/or young persons. The Court of Appeal also ruled that tribunals have the power to appoint a litigation friend. See Lexis Nexis Briefing Note.
Corbiere Ltd & Ors v Secretary Of State For Justice & Secretary of State for the Home Department [2017] EWHC 3364
Challenge brought by a hedge fund against decisions to refuse to recall the interested party to prison from licence and refuse to halt his deportation, where it was alleged that the interested party, a 'quantitative analyst' had stolen and reverse engineered 55 secret algorithmic trading strategies worth at least £31 million and that his deportation would open the firm to "serious harm". Press coverage: The Guardian, Bloomberg.
YA v Secretary of State for the Home Department [2017] EWHC 2135
The Secretary of State unlawfully detained a victim of torture. The Secretary of State was also censured by the Court for repeatedly breaching orders to release. Press coverage: The Guardian.
HK (Iraq) & Ors v Secretary of State for the Home Department [2017] EWCA Civ 1871
Test case challenge to the removal of asylum seekers to Bulgaria under the 'Dublin III Regulation' in violation of Article 3 ECHR and Article 4 EU Charter of Fundamental Rights, because of the parlous state of reception conditions in that country for asylum seekers.
Wasif v Secretary of State for the Home Department [2016] EWCA Civ 82
Led by Michael Fordham QC. Guideline case as to the correct approach to certification of judicial review cases as "totally without merit".
M2 v Secretary of State for the Home Department SC/124/2014
Led by Hugh Southey QC. National security case in SIAC concerning deprivation of British Citizenship. In particular the case raises the issue of whether the application of EU law was material to the disclosure exercise.
ZG & SA v Secretary of State for the Home Department SN/23-24/2015
Review in SIAC of the Secretary of State's decision to refuse to naturalise on good character grounds for reasons of national security, focusing upon an applicant's right to prior consultation and pre-decision disclosure.
Jamar Brown v Secretary of State for the Home Department [2015] UKSC 8
Led by Stephen Knafler QC. The Supreme Court held that the Secretary of State had acted unlawfully in designating Jamaica a 'safe' country in view of the risk of persecution faced by persons dependent upon their sexual orientation.
JM & Ors v Secretary of State for the Home Department& Anor [2015] EWHC 2331
Led by Stephanie Harrison QC. Successful challenge to the operation of the Detained Fast Track system, leading to its suspension by the Minister for Immigration, after a decade of operation. Reported by the BBC, The Guardian and The Times.
AI v Secretary of State for the Home Department [2015] EWHC 244
Led by Raza Husain QC. Challenge to third country removals to France under the Dublin III Regulations in cases subjected to a detained fast track process in that country. Judgment conceded to be vitiated by material errors of law by Secretary of State on appeal.
IKM v Secretary of State for the Home Department [2015] EWHC 3031
Judicial review of decisions to unlawfully detain and remove victim of rape and torture on ‘third country’ grounds. Reported by the BBC, The Independent and The Huffington Post.
AA (Sudan) v Secretary of State for the Home Department & Anor [2014] EWHC 2118
Successful claim for unlawful detention. The Secretary of State's lack of resources did not provide a satisfactory answer to her failure to review the Claimant's detention.
Martin Ndomba Mulumba v First Tier Tribunal (Asylum Support) & Anor
Led by Stephen Knafler QC. Successful challenge to the widespread practice of the Asylum Support Tribunal and Secretary of State for the Home Department refusing to grant accommodation and financial support to otherwise destitute and homeless failed asylum seekers with outstanding Article 8 ECHR claims. See Court's declaration here.
Hiri v Secretary of State for the Home Department [2014] EWHC 254
Successful judicial review of the Secretary of State's decision to refuse naturalisation on grounds of 'good character' of a member of the British Army for a speeding offence. The Court provided guidance as to how the Secretary of State must approach assessments of good character. Reported by the BBC, The Guardian, and The Daily Mail.
LM & Ors v Secretary of State for the Home Department [2014] EWHC 2015
Challenge to the lawfulness of Statement of Changes HC 820 on the grounds of its capriciousness offending principles of legal certainty and in turn the rule of law where it retrospectively made additional requirements of child applicants and their parents seeking leave to remain on grounds of private and family life.
R v Jaddi [2012] EWCA Crim 2565
A successful appeal against conviction before Hughes LJ Vice President of the Criminal Division (as he then was) concerning the availability of the s.31 defence in respect of an Iranian asylum seeker convicted of false document offences.
