Illegal Migration Act 2023 - Part 3 - Rwanda, Third Country Removals & Interim Measures

Wednesday 29 November 2023


This event was part of the Illegal Migration Act 2023 series brought to you by the Garden Court Public Law Team and the Garden Court Immigration Team.

Date: Wednesday 29 November 2023
Time: 6pm-7:30pm, followed by drinks & networking
Venue: Chambers & Online  
Cost: Free
Areas of Law: Immigration Detention, Asylum and Deportation , Immigration Law , Administrative and Public Law

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This event looked at proposed third country processing schemes and their lawfulness, given the Supreme Court’s ruling in respect of the Rwanda plan. It also looked at Rule 39 interim measures from the European Court of Human Rights, and how they will be affected by the Illegal Migration Act 2023.

Speaker Bios

Sonali Naik KC, Garden Court Chambers (Chair)
Sonali Naik KC specialises in public law cases and in all aspects of immigration, asylum and nationality law and practice. She was appointed King’s Counsel in 2018 and conducts almost exclusively leading work at all levels: the European Court of Human Rights, the Supreme Court, the Court of Appeal, the Administrative Court and the Upper Tribunal in statutory appeals and judicial reviews. 

Sonali has substantial immigration and asylum experience in her High Court and appellate court practice, acting in various country guidance asylum cases, such as AS(Afghanistan) v SSHD [2019] WLR 5345 in the Court of Appeal, (with UNHCR intervening). She has an extensive judicial review practice in challenges to Home Office policy, trafficking and unlawful detention, Article 8 ECHR certification and nationality and brought the first successful generic injunction cases in charter flight removals in HN(Afghanistan).

She was one of the winners of a Highly Commended Award at the Lawyer Awards 2022 for a pro bono initiative to assist Afghan judges secure UK visas. In 2023, Sonali was listed in The Lawyer magazine’s Hot 100 list, which recognises excellence in the legal profession.

Adrian Berry, Barrister, Garden Court Chambers
Adrian’s practice spans a range of inter-related public law areas concerning citizenship, immigration, human rights, international protection, and social assistance. Adrian acts for a small number of clients with complex and sensitive asylum and international protection claims.

He provides advice and representation in matters arising under the 1951 Refugee Convention, the Refugee Qualification Directive (2004/83/EC) and the European Convention on Human Rights. He also acts for a small number of clients with general asylum claims, including clients with multiple nationalities, statelessness issues, difficult issues in relation to a nexus to a Refugee Convention reason, and those subject to removal under the Dublin Regulation. He writes a blog on migration, citizenship, and free movement called Cosmopolis and also has a blog on Nationality and Citizenship law.

Alex Grigg, Garden Court Chambers
Alex Grigg is a barrister and mediator specialising in public and civil law. His areas of specialist expertise include immigration, asylum, unlawful detention, planning, housing and environmental law. Alex represents clients in the Tribunals, County Courts, High Court, Court of Appeal and European Court of Human Rights. He has particular experience in complex judicial reviews, acting both as sole counsel and as a led junior. Alex is able to assist clients in the full range of immigration work, from human rights, asylum and deportation issues to complex commercial immigration. He is experienced in Tribunal appeals, further appeals up to the Court of Appeal, judicial reviews, bail applications and detention claims, including claims seeking damages.

Alex was instructed in the litigation challenging the Home Secretary’s decisions to remove asylum seekers to Rwanda, appearing as sole counsel for HTN when successfully obtaining an interim injunction against removal from the Court of Appeal, and in interim proceedings in the High Court, then afterwards as a led junior for HTN and in the generic challenge to the policy. Toufique Hossain, Director at Duncan Lewis, who instructed Alex on HTN commented, "Alex was an invaluable member of our team in the Rwanda litigation. His advice and written work were prompt, thorough, clear, and of the highest standard. Alex’s oral advocacy was also outstanding. I strongly recommend him". Alex is also a CEDR accreditor mediator, and a member of the Garden Court Mediation Team and an adviser to The Oxford Process conflict resolution programme.

David Sellwood, Barrister, Garden Court Chambers
David specialises in immigration, asylum, nationality and human rights law. He acts in public and private law proceedings in courts and tribunals at all levels, including SIAC and the Supreme Court. He is regularly instructed in complex asylum, deportation and citizenship deprivation proceedings; judicial reviews; and claims challenging unlawful immigration detention.

David is co-convenor of Garden Court’s immigration team and ranked in Chambers and Partners, UK Bar (Immigration).

Eva Doerr, Barrister, Garden Court Chambers
Eva specialises in all areas of public and human rights law, with a focus on immigration and asylum law and challenges based on the Equality Act. Eva is a specialist in all areas of immigration law including family, asylum, deportation, detention, nationality and trafficking. She has experience in and a particular interest in complex Judicial Review challenges. Eva regularly appears before immigration tribunals and the Administrative Court and has particular expertise in retained EU law post-Brexit and refugee family reunions in Europe. She has also drafted Practice Notes on the EU Settlement Scheme for Lexis Nexis and Thompson Reuters Practical Law.

Isaac Ricca-Richardson, Barrister, Garden Court Chambers
Isaac’s practice encompasses judicial review, immigration & asylum, human rights & civil liberties, education, and community care. Isaac has a strong background in immigration law, with a number of successes in asylum, deportation, and human rights appeals, and public law challenges to fresh claim decisions and urgent removals. 

He is adept at building relationships and trust with vulnerable clients who have suffered torture or trafficking. Isaac is regularly instructed in challenges to age assessments on behalf of unaccompanied asylum-seeking children and in matters involving the entitlement of children and adults to support under the Immigration and Asylum Act 1999, Children Act 1989 and Care Act 2014. Isaac also has experience working with private clients in contentious political asylum claims, having done so as a paralegal for two years.

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