Ronan Toal

Year of Call: 1999

“Unwavering in his commitment to clients, with a keen eye for winning strategies in even the most difficult cases."

Chambers UK, 2024 (Immigration, Band 1)

"He's passionate and very pragmatic in his approach.”

Chambers UK, 2024 (Immigration, Band 1)

"He possesses a formidable intellect and is excellent at advocating for clients with complex cases."

Chambers UK, 2023

"He has fearsome intellect and is a go-to for complex matters."

Chambers UK, 2022 (Immigration, Band 1)

"Ronan is a giant in the field who is exceptionally experienced; passionate and generous with his time; and a perfect choice for all manner of cases. He is simply brilliant."

Legal 500, 2022 (Immigration)

"A real immigration brain; his technical knowledge is second to none."

Chambers UK, 2021 (Immigration, Band 1)

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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Ronan's practice covers all areas of asylum and immigration. He has a detailed knowledge and understanding of the complex and changing interrelationship of international and European law, domestic legislation, immigration rules and policies and judicial decisions that make immigration and asylum a complicated area of law.

IMMIGRATION: ASYLUM AND HUMAN RIGHTS

Overview

Ronan has worked in the area of immigration, asylum and human rights since 1989, and so has a detailed knowledge and understanding of the law. He is able to identify practical and creative solutions to his clients' immigration problems. He gives clear and comprehensive advice and assistance at all stages, from making an application and gathering evidence, to bringing appeals, further appeals and judicial review applications.

Ronan is committed to working as a team with his instructing solicitors in the belief that the creative exchange of ideas enhances the likelihood of success.  He represents clients in the tribunals and courts, including the Supreme Court, the European Court of Human Rights and the Court of Justice of the European Union.  He has been instructed by a range of organisations to make interventions in those courts including Amnesty International, Statewatch, Anti-Slavery International and the AIRE Centre. 

Ronan is frequently instructed as leading counsel.  He provides expert opinions to the family court about the immigration consequences of possible family arrangements and orders. Although he appears in high-profile cases, he is equally happy to be instructed to represent in the First-tier Tribunal. Ronan edits Macdonald's Immigration Law and Practice, the leading practitioners' text.

Notable Cases

OA (Somalia) CG [2022] UKUT 33 (IAC)
The most recent country guidance case about Somalia. Also appeared in earlier country guidance cases AM and AM (armed conflict: risk categories) Somalia CG [2008] UKAIT 00091; AMM (conflict; humanitarian crisis; returnees; FGM) Somalia CG [2011] UKUT 445 (IAC); MOJ (Return to Mogadishu) CG [2014] UKUT 442 (IAC)

Ainte (material deprivation, art 3, AM (Zimbabwe)) [2021] UKUT 203 (IAC)
Concerning the approach to an article 3 claim based on removal to material deprivation

MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9
Whether the tribunal was bound to follow a Conclusive Grounds decision by the Competent Authority and whether removal could breach positive obligations under ECHR article 4 (Ronan represented the appellant in the Court of Appeal and in the application for permission to appeal to the Supreme Court).

KV (Sri Lanka) v Secretary of State for the Home Department [2019] UKSC 10
Whether the tribunal had adopted the correct approach to medical evidence when it decided that scars resulted from wounds that had been ‘self-inflicted by proxy’ rather than by torture.

Robinson v Secretary of State for the Home Department [2019] UKSC 11
Whether a decision not to treat submissions as a fresh claim was appealable to the tribunal.

MAB (Iraq) v Secretary of State for the Home Department [2019] EWCA Civ 1253
Whether a medical doctor had lawfully been excluded from Refugee Convention protection for having treated detainees who had been tortured and might be tortured again.

Bajratari (Citizenship of the Union – Right of residence of a third country national who is a direct relative) [2019] EUECJ C-93/18
Whether a child could establish an EU right of residence as a self-sufficient person on the basis of income earnt by a parent who was working unlawfully.

Herrera v Secretary of State for the Home Department [2018] EWCA Civ 412
Whether removing a long resident overstayer would breach article 8 of the ECHR.

Secretary of State for the Home Department v FY (Somalia) [2017] EWCA Civ 1853
Whether removal to Somalia would breach article 3 of the ECHR.

RQ (Jordan) v Secretary of State for the Home Department [2014] EWHC 559
Whether refusing an adjournment to enable the applicant to obtain further evidence had been procedurally unfair.

Akhalu (health claim; ECHR article 8) Nigeria [2013] UKUT 400 (IAC)
Whether removing a woman would breach article 8 ECHR because of the effect removal would have on her health.

Ahmad (removal of children over 18) Pakistan [2012] UKUT 267
Whether there was a power to remove children who had leave to remain as a consequence of deception practised by their parents.

HH (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426
Whether an individual could win an appeal on asylum or human rights grounds on the basis that he or she would be at risk of harm en route to a safe home area.

R (AM (Somalia)) v Secretary of State for the Home Department [2009] EWCA Civ 114
Whether certification of a human rights claim, after an appeal had commenced, could bring the appeal to an end.

BA (Nigeria) v Secretary of State for the Home Department [2009] UKSC 7
In what circumstances the making of a human rights claim entitled an individual to appeal against an immigration decision whilst still in the UK.

R (Ozcan) v Immigration Appeal Tribunal [2002] EWCA Civ 1183
Whether removal of an asylum seeker to Turkey exposed him to risk of persecution.

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Trafficking and Modern Day Slavery

Overview

Ronan's practice consists of cases concerned with trafficking in human beings, including protection and human rights appeals involving issues of trafficking, and the state’s obligations to victims of trafficking; claims for judicial review of the Home Office's conduct and policy in relation to trafficking victims; challenging NRM decisions; civil claims for violations of victims' Article 4 ECHR rights and exploration of remedies in respect of systemic failures by the UK to protect victims of trafficking.

Notable Cases

MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9
Whether the tribunal was bound to follow a decision of the Competent Authority as to whether a person had been trafficked and whether removal could breach positive obligations under ECHR article 4 (Ronan represented the appellant in the Court of Appeal and in the application for permission to appeal to the Supreme Court).

MN and IXU v Secretary of State for the Home Department [2020] EWCA Civ 1746
Concerning the standard of proof to be applied by the Competent Authority when making a ‘conclusive grounds’ decision and the approach that it should take to expert and medical evidence.

Hounga v Allen [2014] UKSC 47
Whether a victim of trafficking should be prevented from claiming damages against her employer/trafficker on the ground that the employment in respect of which she wanted to recover damages was undertaken whilst she was unlawfully present in the UK.

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Administrative and Public Law

Overview

A substantial part of Ronan’s practice consists of applications for judicial review in the Upper Tribunal and Administrative Court. Ronan has been actively involved in lobbying on behalf of the Immigration Law Practitioners' Association in respect of legislative, rules and policy changes. 

Notable Cases

R (Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3
Whether the fee charged for citizenship applications by children was unlawful.

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IMMIGRATION DETENTION

R (AB) v Secretary of State for the Home Department [2019] EWHC 1969 (Admin)
Whether detention was unlawful owing to the Secretary of State’s failure to make a lawful decision in response to further submissions under paragraph 353 of the immigration rules.

R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin)
Whether the detention of a potential victim of trafficking was lawful.

HXA v The Home Office [2010] EWHC 1177 QB
Claim for damages for unlawful detention.

R (Abdillahi) v Secretary of State for the Home Department [2010] EWHC 808 (Admin)
Judicial review of detention pending deportation.

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Notable Cases & News

Garden Court Immigration Team dedicate 10th Edition of Macdonald's Immigration Law & Practice to the life and legacy of Ian Macdonald QC

The General Editors, Stephanie Harrison QC, Ronan Toal & Sadat Sayeed, are leaders in the field & practice in the number one ranked Garden Court Immigration Team. David Neale is a legal researcher & former barrister

25 June 2021

Court of Appeal provides important guidance as to the correct approach to be used by the Competent Authority when deciding whether an individual is a victim of trafficking

The Appellants were represented by Ronan Toal of the Garden Court Chambers Immigration Team. Our own Stephanie Harrison QC, Gemma Loughran, and Ella Gunn, instructed by Herbert Smith Freehills LLP, represented the AIRE Centre.

21 December 2020

New Afghanistan Country Guidance provides a clear pathway for asylum-seekers to win appeals

Sonali Naik QC, Ronan Toal and Gemma Loughran of the Garden Court Immigration Team represented the appellant, instructed by Kam Dhanjal of JD Spicer Zeb Solicitors.

7 May 2020

Landmark Supreme Court judgment on state obligations under Article 4 ECHR to identify & protect victims of trafficking

Shu Shin Luh of Garden Court Chambers acted for the Intervener, the Aire Centre. Ronan Toal, Kathryn Cronin and Bryony Poynor of Garden Court Chambers acted for the appellant instructed by ATLEU in the Court of Appeal and Immigration Tribunals.

18 March 2020

CJEU decision in Bajratari v SSHD(Case 93/18)

Gráinne Mellon and Ronan Toal of Garden Court acted successfully on behalf of the Aire Centre who were intervenors in the case of Bajarati v Secretary of State for the Home Department [2019] ECR 1.

24 October 2019

New European Court of Human Rights judgment: Greece violates articles 3 and 5

Ronan Toal and Shu Shin Luh of Garden Court acted on behalf of Statewatch as a third party intervener, instructed by Zubier Yazdani of Deighton Pierce Glynn.

20 June 2019

Court of Appeal remit Upper Tribunal Country Guideline case on Afghanistan and provide guidance on correct approach to internal relocation

Sonali Naik QC, Ronan Toal and Gemma Loughran were instructed by JD Spicer on behalf of the appellant. Ali Bandegani was instructed by Baker McKenzie for the United Nations High Commissioner for Refugees.

28 May 2019

Supreme Court reasserts the role of medical experts in asylum claims by torture survivors

The appellant was represented by Ronan Toal and Michelle Brewer. Stephanie Harrison QC, Ali Bandegani and Mark Symes for the interveners.

6 March 2019

Northern Ireland appeal case on 'Chen parents' referred to EU court

Ronan Toal and Gráinne Mellon of Garden Court Chambers acted for the AIRE Centre. 

20 December 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

State Watch granted permission to intervene in SH.D. and Others v Greece and Ors.

Ronan Toal and Shu Shin Luh of Garden Court Chambers are instructed by State Watch.

13 July 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

Landmark Supreme Court judgment on human trafficking

Team of Garden Court barristers instructed by Anti-Slavery International in key Supreme Court case.

30 July 2014

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

Home Office fails in bid to send transplant patient to "certain death"

In a case likely to determine whether a woman will be able to live a relatively healthy long life or whether she will face an extremely distressing and undignified death within weeks, Roseline Akhalu last week won the latest - and her supporters hope the

2 August 2013

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Publications

Ronan is a general editor of Macdonald's Immigration Law and Practice

He was a consultant editor of Halsbury's Laws of England: Immigration and Asylum

He is an author of Blackstone's Guide to the Borders, Citizenship and Immigration Act 2009

He is a former contributor to Blackstone's Criminal Practice and the author of articles in Immigration and Nationality Law and Practice

Training and Seminars

Ronan regularly provides training on matters relating to Immigration Law.

Education

  • BA History
  • CPE

Professional Membership

  • Immigration Law Practitioners' Association (ILPA)

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

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