Specialist in immigration, judicial review, human rights and EU law with over 17 years experience, during 13 of which he has been ranked by the independent legal directories as a leading lawyer in the field of both business and personal immigration.
Qualification and experience
• Read law at Queen Mary & Westfield College, University of London
• Called as a barrister to the Bar of England and Wales in 1994
• Immigration, human rights and judicial review specialist at Doughty Street Chambers
• Taught administrative and constitutional law at the School of Oriental African Studies, University of London, whilst practising at Doughty Street Chambers
• Headed immigration and public law at Article 1
• Headed Immigration and jointly headed public law at Simons Muirhead & Burton
• Joined BWB in 2010
Areas of expertise
• Corporate immigration - Tier 2 sponsor licence applications, certificate of sponsorships, visa applications on behalf of employees, immigration compliance, Auditing HR practices and procedures intra-company transfers, immigration training and ad hoc advice for HR personnel.
• High net-worth and high profile individuals – investor and entrepreneur applications
• Personal immigration – entry visa applications for family members and for Points-Based System migrants, applications for visa extensions, indefinite leave to remain , discretionary leave and naturalisation.
• European Union freedom of movement – workers rights, posted workers, family permits, residence cards and permanent residency.
• Immigration litigation - Tribunal appeals, Appeals to the Court of Appeal and the Supreme Court, references to the Court of Justice of the European Union, applications to the European Court of Human Rights and judicial review applications to theAdministrative Court.
• Human rights law – litigation and applications based on the ECHR and other international human rights instruments.
Notable cases include
• R (Chapti & Others) v Home Secretary (Liberty and JCWI interveneing) [2011] (Administrative Court) - challenge to the introduction of pre-entry and pre-application English language requirement for spouse and partner applications
• R (Quila & Bibi) v Secretary of State for the Home Department [2011] 3 WLR 836 (Supreme Court) - successful challenge to the legality of the government’s immigration rule raising eligibility of marriage and unmarried partner visas from 18 to 21
• R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2010] All ER (D) 244 (Divisional Court) - successful challenge to the legality of the government’s interim immigration cap
• NS v Home Secretary (Amnesty International,The AIRE Centre, United Nations High Commissioner for Refugees and Commission for Equality and Human Rights intervening) [2011] (Case C-411/10) (Court of Justice of the European Union) – acting for Amnesty International and the AIRE Centre in a test case involving the interpretation of the EU Charter of Fundamental Rights and the related UK Protocol
• Patmalniece v Work and Pensions Secretary & Others[2011] 1 WLR 783 (Supreme Court) - the term “right to reside”, state pension credit and discrimination on the grounds of nationality.
• Home Secretary v Pankina [2010] (Court of Appeal) - successful challenge to an appeal by the Home Secretary in relation to the legality of parts of the Points-Based System
• R (The AIRE Centre and others) v Home Secretary [2009] (Administrative Court) - successful challenge to the legality of the Secretary of State’s practice of charging for Certificate of Approvals prior to marriage.
• MK (Somali) v Home Secretary & Others [2009] 2 FLR 138 (Court of Appeal) – successful appeal to the Court of Appeal in a case involving entry clearance and de facto international adoption of children
• R (Dershi) v Home Secretary [2005] 1 WLR 2685 (Court of Appeal) - successful challenge to the legality of Secretary of State's policy of not permitting tape-recording of immigration interviews.
• R (KanZhou) v Home Secretary [2003] INLR 211 (Court of Appeal) – successful appeal to the Court of Appeal clarifying the law in relation to students and their entitlement to enter into employment
• Horvath v Home Secretary [2001] 1 AC 489 (House of Lords) - Clarification of the definition of “persecution” in international refugee law and its interrelation with state protection
• R v Home Secretary, Ex Parte Kaur [2001] All ER(EC) 250 (European Court of Justice) - EU citizenship and British nationality
• R (S) v Home Secretary [1998] ImmAR 252 (Administrative Court) – successful challenge the legality of immigration tribunal procedure rules seeking to dispense with oral hearings
Publications
• Guide to the Points-Based System Handbook (JCWI), contributing author
• Blackstone's Guide to the Asylum and Immigration Act 2004 (Oxford University Press), contributing author
• Human Rights Act 1998, A Practical Guide (Jordans), contributing author
• Immigration and Nationality Law Reports, founder and joint editor until 2001
Pro bono work
Extensive and regular pro bono work for human rights charities and vulnerable individuals
Memberships
• Immigration Law Practitioners Association
• Administrative Law Bar Association
• Bar European Group
• International Bar Association (Human Rights Section)
