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Declan O’Callaghan

year of call: 1995

DOCallaghan@landmarkchambers.co.uk

Practice Summary

Declan O’Callaghan was called to the Bar in 1995. He practices in public law, local government and international law matters and has appeared at all levels of domestic courts from a wide-range of tribunals to the House of Lords. He has worked extensively in the High Court and the Court of Appeal. He regularly appears before the Parole Board.

He is regularly instructed in housing, prison, immigration and asylum, education, social welfare including community care, social security, mental health and asylum support matters.

He enjoys a wide scope of instructions from private clients, local authorities, NGOs, and charities.

Appointed Panel Counsel for the Equality and Human Rights Commission.


Public Law

Declan practices in all areas of public law and appears at all levels of domestic courts, particularly the Administrative Court and the Court of Appeal. He regularly advises in matters involving human rights and European Union law. For more detail please click here.


Local Government

Declan is regularly instructed in local government matters concerning housing and homelessness, education and community care. He regularly advises local authorities on matters of procedure including matters of equality and confidentiality. He has a particular interest in mental health and disability issues and has regularly advised in matters concerning the duty of local authorities in respect of social services provision. For more detail please click here.


Prison Law

Declan has established a strong reputation in the field of prison law and the LEGAL 500 (2010) confirms that Declan “is expert in Parole Board representation”. For more detail please click here.


International

Declan has a strong interest in international law both through his work as a university lecturer and as a lawyer. He has lectured on human rights and international issues in a number of countries. For more detail please click here.

QUALIFICATIONS

Declan was awarded his LL.B (Hons) from the University of Exeter and his LL.M in Human Rights Law from the University of Nottingham. He received his Postgraduate Certificate in Housing Law and Policy (with Distinction) from the University of Westminster and a Certificate in Public International Law from the Hague Academy (The Netherlands). He is a member of Gray's Inn.

Presently a Visiting Scholar at the University of Exeter, having previously been a Visiting Lecturer (1999 to 2004) and a Teaching Fellow (2004 to 2006), lecturing in the areas of Public and Public International Law.

CASES

21 Jun 2009

AS (Somalia) v Secretary of State for the Home Department [2009] 1 W.L.R. 1385, [2009] 4 All ER 711, [2009] HRLR 27, [2009] INLR 339

Entry Clearance/restrictions upon appeal not inconsistent with the European Convention on Human Rights

14 Apr 2008

AS (Somalia) v Entry Clearance Officer, Addis Ababa [2008] Imm AR 510

Entry Clearance / section 85(5) Nationality, Immigration and Asylum Act 2002 compatible with European Convention on Human Rights.

27 Oct 2007

GO (Colombia) v Secretary of State for the Home Department [2007] INLR 49, [2007] Imm AR 225, (2006)

Asylum/ application of Res Judicata to asylum appeals.

26 Oct 2007

Choudhry, Hanson v Birmingham Crown Court [2008] A.C.D. 4, (2008) 172 J.P. 33 DC

Crown Court/ it is both possible and lawful for a recognisance in Crown Court proceedings to be expressed as continuous until the conclusion of proceedings in the Crown Court.

01 Jan 2005

AN (Only loser can appeal) Afghanistan [2005] Imm AR 390

Asylum/ meaning of “determination” and “decision”

18 Oct 2002

R (Santia Yogathas and Sritharan Thangarasa) v Secretary of State for the Home Department [2002] 4 All ER 800; [2002] 3 WLR 1276

Asylum/ Human Rights/ Dublin Convention/ safety of Germany with regard to Tamil asylum seekers returned from United Kingdom/ issuing of a certificate under section 72(2)(a) Immigration and Asylum Act 1999

29 Jul 2002

Secretary of State for the Home Department v Rajah Vairavanathan [2003] Imm AR 81

Asylum/ certification of an appeal under schedule 2, paragraph 5 Asylum and Immigration Act 1993 (as amended)/ certificate remains to be considered with regard to a remitted appeal.

13 Mar 2002

Justin Surendran Devaseelan v Secretary of State for the Home Department [2003] Imm AR 1 IAT

Asylum/ Human Rights/ approach to be taken to findings made in a previous asylum appeal.

05 Dec 2001

R (Kariharan, Koneswaran and Pabeendran) v Secretary of State for the Home Department [2002] Imm AR 281

Asylum/ Human Rights/ Section 65 Immigration and Asylum Act 1999/ whether the issuing of a fresh removal direction gave rise to an appeal

01 Jan 2000

R v Secretary of State for the Home Department ex parte Emmanuel Jeromio [2000] Imm AR 604

Asylum/ Dublin Convention/Secretary of State entitled to make an adverse credibility finding on a late assertion of a fear

INQUIRIES

There are no inquiries available.

PUBLICATIONS

There are no publications available.