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Declan O’Callaghan

year of call: 1995

DOCallaghan@landmarkchambers.co.uk

Declan has a strong interest in international, human rights and European Union law. He has lectured on international law matters at the University of Exeter and is currently a Visiting Scholar at the university.

He has regularly lectured on public international law matters at various universities in England, India and Malaysia and presented lectures and seminars on human rights issues in Spain, Armenia, Norway and Turkey.

He has represented in a number of applications before the European Court of Human Rights, including cases originating in Turkey and Armenia.

Declan was a member of the International Bar Association team lecturing Iraqi judges and prosecutors on international humanitarian law (2005-2006).

He was a Legal Assistant in The Prosecutor v Justin Mugenzi & Others (“The Government II Case”) at the International Criminal Tribunal for Rwanda (ICTR) from November to December 2008.

He has acted as a spokesperson for the International Bar Association at a number of media events.

Declan has presented a number of lectures and seminars on international law, both in the United Kingdom and overseas, including:

Presented a lecture “Article 14 ECHR, Discrimination and Culture” at the “Mainstreaming Diversity” conference held at the European Court of Human Rights on 3rd and 4th February 2010. The conference was organised by the University of Ghent, Belgium, and fellow speakers included Judge Egbert Myjer, Judge Ann Power, Judge Christos Rozakis and Judge Andras Sajo of the European Court of Human Rights (February 2011)

Presented a lecture “The Ramifications of the Media Case: The Prosecutor v Nahimana”, School of Oriental and African Studies, University of London. Fellow speakers included HH Judge Howard Morrison, Judge of the ICTY (October 2009).

Presented two lectures on “The European Convention on Human Rights in Immigration Matters” at the Norges Juristforbund Den Norske Advokaforening (Norwegian Legal Training Board) conference, Oslo (October 2008)

Presented a lecture “Is the International Criminal Court the Way Ahead” at the “Iraq, Cambodia and Beyond – Fair Trials in an International Setting Seminar”, University of Exeter (October 2007)

Presented a lecture “Baroness Hale and Gender-Sensitivity in Refugee Law” at the Society of Legal Scholars Annual Conference, University of Durham (September 2007)

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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.