Landmark Chambers

Home > Our people > Barristers > David Blundell

Immigration Law

David has significant experience in immigration cases at the highest levels. He has appeared in many of the most important immigration cases in recent years in the High Court, Court of Appeal, Supreme Court and Court of Justice of the European Union. The 2016 edition of Chambers & Partners describes him as “the young barrister of choice” for important immigration cases.

Other recent comments in the legal directories about David include the following:

Chambers & Partners 2016, Immigration Law -  "A "high-class" practitioner who has deep experience of advocacy before the highest courts, both domestically and abroad, on behalf of government and claimants. He is regarded as one of the go-to experts for human rights and EU law." "When you look at important immigration cases, he is the young barrister of choice."  

Legal 500 2015, Immigration Law – “He takes a common-sense approach which is focused on the client’s needs and priorities.”

Chambers & Partners 2015, Immigration Law – “Straight and decent, he's very fair and a skilled barrister. Briefed by the government in a wide range of cases, he is always a pleasant person to work with. A really fantastic junior, who is hard-working and gets the job done.”

Legal 500 2014, Immigration Law – “Acts for both claimants and defendants.”

Chambers & Partners 2014, Immigration Law - "Known for doing government work in this area." "He is very good and well liked by solicitors."

Among the cases in which David has appeared are the following:

  • Ganesharajah v. Secretary of State for the Home Department [2014] EWHC 3497 (QB) – unlawful detention claim, concerning one of the longest ever periods of detention under immigration powers.

  • TN (Afghanistan) v. Secretary of State for the Home Department [2015] UKSC 40, [2015] 1 WLR 3083 – represented the Secretary of State in three linked Supreme Court case on the compatibility of domestic judicial review with EU law and the Rashid principle (sole counsel in two cases in Court of Appeal, led by Jonathan Hall QC in Supreme Court).

  • Joined cases C-165/14 and 304/14 CS (Morocco) v. Secretary of State for the Home Department and Rendon Marin v. Spain – sole counsel for the United Kingdom in the CJEU, references on the application of the Zambrano principle in cases of serious criminality.

  • Singh and Khalid v. Secretary of State for the Home Department [2015] EWCA Civ 74, [2015] Imm AR 704 – leading case on transitional provisions and the Immigration Rules.

  • Patel v. Secretary of State for the Home Department [2013] UKSC 72, [2014] AC 651 – leading case on the “enforcement gap” and immigration appeal rights (led by Jonathan Swift QC).

  • R (FI) v. Secretary of State for the Home Department [2014] EWCA Civ 1272, [2014] HRLR 30 –challenge to compatibility of the domestic regime of training on the use of restraint on aircraft removals and refusal to disclosure the domestic training manual (led by James Eadie QC).

  • Chaudhry v. United Kingdom, application no. 17489/12sole counsel for the United Kingdom in the European Court of Human Rights, challenge to the compatibility of domestic immigration appeal rights with Article 13.

  • JD (Congo) v. Secretary of State for the Home Department [2012] EWCA Civ 327, [2012] Imm AR 719, [2012] INLR 412, The Times, 28 May 2012 – leading case on the second appeals test where an appellant has won before the First-tier Tribunal and lost in the Upper Tribunal.

  • R (SG (Iraq)) v. Secretary of State for the Home Department [2012] EWCA Civ 940, [2013] 1 WLR 41 – leading case on the jurisdiction to grant stays pending appeal in country guidance determinations.

David has also appeared in a number of Country Guidance cases in the Upper Tribunal (Immigration and Asylum Chamber):

  • AA (Article 15(c)) Iraq CG [2015] UKUT 00544 (IAC) – current country guidance on Article 15(c) and Iraq.

  • BM and others (returnees – criminal and non-criminal) CG [2015] UKUT 00293 – current country guidance on returns to the DRC, both criminal deportees and non-criminal returns, including consideration of comments made by DRC Ambassador in London (led by Nathalie Lieven QC).

  • AK (Article 15(c)) Afghanistan CG [2012] UKUT 000163 (IAC) – application of Article 15(c) of the Qualification Directive to Afghanistan.

  • AA (unattended children) Afghanistan v. Secretary of State for the Home Department CG [2012] UKUT 00016 (IAC) – whether section 55 of the Borders, Citizenship and Immigration Act 2009 can determine whether a child is a refugee, application of Article 15(c) of the Qualification Directive to unaccompanied children in Afghanistan.

  • HM and others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) – application of Article 15(c) of the Qualification Directive to Iraq.

  • GS (Article 15(c): indiscriminate violence) Afghanistan CG [2009] UKAIT 00044 – application of Article 15(c) of the Qualification Directive to Afghanistan.

  • AM and BM (Trafficked women) Albania CG [2010] UKUT 80 (IAC) – protection for former victims of human trafficking in Albania.

Current significant cases in which David is involved include:

  • Case C-573/14 Lounani – challenge to the operation of the exclusion clause in Art 12(2)(c) of the Qualification Directive to a Moroccan convicted of terrorism offences in Belgium (hearing before the CJEU on 16 February 2016).

  • R (Galdikas) v. Secretary of State for the Home Department and Secretary of State for Work and Pensions – challenge to the application of the “genuine prospect of work test” to victims of trafficking.

  • R (Dan) v. Secretary of State for the Home Department – challenge to the legality of the Government’s flagship regime of “deport first, appeal later” regime under reg. 24AA of the Immigration (European Economic Area) Regulations 2006.

Prior to commencing practice, David completed a six-month internship with the United Nations High Commissioner for Refugees, London Office, in the Legal Protection Department, where he was involved in drafting the organisation’s commentary to the Nationality, Immigration and Asylum Act 2002. At the same time as working at UNHCR, David worked as a part-time legal researcher at the Medical Foundation for the Care of Victims of Torture.