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Immigration and Asylum

Tim has a long-standing interest in immigration and asylum law, and has specialized in work for claimants and NGOs in this field since the very start of his practice. Tim is a specialist immigration barrister but his clients also benefit from his more general experience of human rights and EU free movement law, judicial review and community care (including age disputes and local authority support for destitute persons): see the main page for more details. Tim has appeared regularly in immigration tribunals from the start of his practice. He continues to undertake statutory appeal work in the tribunal system, and has particular experience of onward appeals to the Court of Appeal (including the application of the second appeals test), having undertaken many successful appeals, the majority of which have been conceded following the grant of permission to appeal. He has undertaken many hundreds of successful claims for judicial review on behalf of claimants in the immigration field, both in the Administrative Court and more recently the Upper Tribunal, including fresh claims, certification, challenges to removal directions, delay, refusal of permission to appeal by the Upper Tribunal (“Cart JRs”), and most other areas of immigration law. He has particular experience of immigration detention, and has appeared for claimants and NGOs in many leading cases in the detention field (both in the Administrative Court and civil claims in the High Court and county courts).

Notable work in this area includes:

  • NB (Algeria), first appeal to the Court of Appeal from the Upper Tribunal in a fresh claim JR (inherent jurisdiction of the Court of Appeal to stay removal following refusal of permission to apply for judicial review by the Upper Tribunal).
  • Junior counsel (led by Nathalie Lieven QC) for PLP in Bahta, and sole counsel for the claimants in AL (Albania), now the lead cases on costs in settled public law and immigration cases, overturning 20 years of practice in the Administrative Court.
  • Reported cases arising from statutory appeals in the tribunal system and the higher courts include KK (recognition elsewhere as a refugee), Aga (Article 8, delay), JK (Congo) (asylum, internal relocation), HI (Uganda) (entry clearance, jurisdiction of AIT on reconsideration), Odelola (House of Lords, retrospectivity in the immigration rules) and Kizhakudan (Article 8, Upper Tribunal practice and procedure).
  • Sole counsel for claimants in numerous reported immigration detention cases including BA v SSHD (breach of Article 3 ECHR for detention of severely mentally ill man on hunger strike), AA (Nigeria) (detention of mentally ill man for his own well being unlawful) and FH (Iran) (3 year detention of Iranian man, Hardial Singh). Tim is currently instructed in many immigration detention claims. In 2013 he secured release, and subsequently a six figure settlement, for what is believed to be the longest ever case of immigration detention (5 ½ years).
  • MD (Angola) (junior to Michael Fordham QC), HA (Nigeria) (junior to Raza Husain QC) and Das (junior to Dinah Rose QC), lead cases on the detention of persons with HIV and the mentally ill. Tim is acting as sole counsel for BID in its intervention in the Court of Appeal in Francis on the applicability of the Hardial Singh principles to detention of persons with a court recommendation for deportation (to be heard in March 2014).
  • R (D) v SSHD, a successful challenge to the removal relating to a man who feared gang violence in Jamaica, where the court made an order requiring the SSHD to bring D back to the UK following his unlawful removal.
  • Three successful Cart JRs challenging refusals of permission to appeal by the Upper Tribunal (Tim also appeared for the Public Law Project in Cart in the Supreme Court and below).
  • Challenging a refusal by the Secretary of State to recognise the Claimant’s entitlement to British citizenship, and a number of linked claims challenging refusals to give reasons for refusals of naturalisation.
  • Acting for a claimant in a challenge to a refusal of “exceptional funding” for EU deportation proceedings by the Director of Legal Aid Casework (listed as one of a number of lead test cases in Spring 2014).  
  • Francis (legality of fees for immigration applications).