Representing vulnerable migrants: The Mental Capacity Act and Immigration Law

Thursday 21 September 2017, 6:30pm - 8:00pm

Garden Court Chambers

Date: Thursday 21 September 2017
Time: 6:30pm - 8:00pm
Venue: Garden Court Chambers, 57-60 Lincoln's Inn Fields, London WC2A 3LJ  
Areas of Law: Court of Protection , Immigration Law

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This seminar will provide a review of up to date case law on safeguarding and access to justice principles for migrants who may lack capacity. We will identify issues to be aware of when providing advice and representation to vulnerable migrants, including a review of current law on immigration detention of vulnerable migrants.

This seminar will address:

  • The intersection of Mental Capacity law and Immigration law practice and procedure
  • How issues of mental capacity arise in immigration law practice
  • Frequently arising issues of task or decision-specific mental capacity
  • Detention under the Immigration Acts of those who may lack or lose capacity
  • Representation of foreign nationals subject to immigration control who may lack capacity
  • Practical problems arising in accessing remedies
  • Circumstances when a litigation friend is necessary or appropriate in an immigration matter
  • When might it be necessary to seek orders in the Court of Protection?
  • Accessing funding


Amanda Weston (1995) has over 20 years’ experience of practice in both immigration and mental capacity law including in the Court of Protection and previously under the inherent jurisdiction. She acted in the Neary case in which she successfully applied  for the immediate release of Steven Neary from a deprivation of his liberty at an Assessment and Treatment Unit. Following the recent cases of R (ota MDA) v SSHD, EHRC Intervening [2017] EWHC (Admin) and AM (Afghanistan) v SSHD Amanda will be discussing effective ways of applying safeguarding principles to protect the interests of vulnerable migrants.

Who should attend?

This seminar is designed for senior immigration solicitors (at least level 3) and senior/experienced publicly funded Court of Protection practitioners.

Book online

To book your place on this seminar, please use the booking form below. If you have any queries, please contact the Garden Court Chambers events team at


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