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Samantha Broadfoot

Samantha Broadfoot QC

YEAR OF CALL 1997SBroadfoot@landmarkchambers.co.uk

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Immigration

SM & Anor v Secretary of State for the Home Department [2013] EWHC 1144 (Admin); [2013] Imm. A.R. 1051 - Whether the Secretary of State's policy and instruction document entitled "Discretionary Leave" issued on October 27, 2009 was unlawful when read in conjunction with the obligations relating to the welfare of children contained in the Borders, Citizenship and Immigration Act 2009 s.55.

YF (China) v Secretary of State for the Home Department [2012] EWCA Civ 77 - Appeal in the CA (Master of the Rolls presiding) from a decision of the Upper Tribunal in an immigration case.  The question of law related to whether it could be said that the burden of proof had shifted on to the Secretary of State – and more generally what was the approach to be taken to such questions.

ZN (Afghanistan) & Ors v Entry Clearance Officer (Karachi) [2010] UKSC 21 – case in the Supreme Court regarding the construction of paragraph 352A of the Immigration Rules and whether a person who was a refugee but has since been granted British Citizenship is still entitled to benefit from the rules on family reunion which apply to refugees.

AN (Pakistan) v Secretary of State for the Home Department [2010] EWCA Civ 757 – Court of Appeal – case concerning the meaning of the immigration rules relating to domestic violence.

HB v Secretary of State for the Home Department [2008] EWCA Civ 806; [2009] 2 W.L.R. 992; [2008] 3 C.M.L.R. 24; [2009] Imm. A.R; Times, July 25, 2008 – The Court of Appeal gave guidance on the meaning of “sufficiently serious” for the purposes of Council Directive