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Immigration

Tim Buley specialised in acting for claimants in immigration from the very start of his practice, and has been ranked as a a leading junior for many years in both legal directories. He is currently top ranked in Chambers UK 2018 (Band 1, “I don’t think there is a better junior at the Bar, he is an outstanding lawyer”) and Legal 500 2017 (“draws on his public law knowledge ... to deploy just the right principle or analogy to advance his clients’ case”). Directory comments reflects his overlapping expertise in the fields of public law, civil liberties, EU law and community care, which he draws on to benefit clients in the immigration field: “especially knowledgeable in cases concerning the detention of the mentally ill”, “very good at running novel arguments and is at the cutting edge of EU rights”, “strong expertise on free movement issues”, “masterful representation... in high profile judicial review challenges”, “probably the leading junior at the Administrative Law Bar”). He is particularly experienced on issues of detention, asylum and human rights, and business immigration.

Tim is known for his public law and appellate work in the immigration field but also has significant experience of the tribunal system and is pleased to undertake cases for individuals (on legal aid and, where appropriate, on reduced fees or pro bono) in all kinds of court and tribunals. He often acts as sole and leading counsel in the Court of Appeal but is also works as part of a larger team in cases raising major policy or legal issues. Tim has recently written a blog on the Windrush scandal relating to the underuse of precedent fact judicial review as a remedy against public bodies who refuse to recognise the legal status of affected persons and also has an interest in the implications for Brexit for EU nationals.

Tim’s notable immigration work (click Cases for full citations) includes:

  • For one of the successful claimants in the lead case on the grant of legal aid exceptional case funding for deportation appeals to comply with the EU Charter on Fundamental Rights (R (Gudanaviciene, Reis and ors) v Director of Legal Aid Casework [2014] EWCA Civ 1622, [2015] 1 WLR 2247)

  • Many successful claims for unlawful detention on behalf of individuals including BA v SSHD (one of the first cases in which the detention of a mentally ill person was found to breach Article 3 ECHR), FH (Iran), and MD (Angola)(detention of persons with HIV). Tim has often acted pro bono on behalf of NGOs intervening in unlawful detention cases including Das (detention of mentally ill, for Medical Justice) and Francis (for Bail for Immigration Detainees) in the Court of Appeal. Tim’s expertise on Admin Court procedure makes him particularly well placed to advise on issues concerning interim relief and urgent cases.

  • Lead counsel in the Court of Appeal in a number of reported cases concerning deportation: NEA (Nigeria) [2017] Imm AR 1077, S v SSHD [2018] Imm AR 169.

  • For Duncan Lewis in its ongoing challenge to the Legal Aid Remuneration Regulations on the basis that they create an unlawful barrier to access to justice by preventing payment for legal services in judicial review claims which settle after permission is refused on paper but before final hearing and that the government has failed to property implement the Div Court judgment in Ben Hoare Bell

  • Current cases include judicial reviews for a company challenging a decision to revoke its Tier 2 Sponsors license, for an individual challenging a conclusive decision on whether she was a victim of trafficking, a number of detention claims.

  • For the AIRE Centre, intervening in the Court of Appeal and CJEU, concerning the accrual of rights of residence under EU law by third country nationals following domestic violence (SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12)

  • Acting for Public Law Project and for an individual appellant in the (immigration) cases which established the current approach to payment of costs in favour of claimants where cases settle after lodging of the claim, Bahta and AL (Albania), overturning Boxall. These cases were critical to ensure the viability of legal aid firms and are widely recognised for thereby promoting access to justice in public law and immigration.

  • Acting for many individuals in immigration appeals and judicial reviews relating to human rights, asylum, trafficking and free movement law including Dolat-Shahi (acquisition of permanent residence, deportation, SSHD appeal pending in the Court of Appeal) Sidey (principle of equal treatment under EU law, domestic violence), NEA Nigeria and S v SSHD (Article 8, deportation, Court of Appeal). Tim undertakes significant pro bono work in the immigration field.

  • For the AIRE Centre, intervening in the Court of Appeal and CJEU, concerning the accrual of rights of residence under EU law by third country nationals following domestic violence (SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12)

  • Many significant cases involving prison law and parole, for and against government bodies, including Youngsam (application of Article 5(4) to determinate sentence prisoners, CA pending), Sturnham and Faulkner (Supreme Court, test for release and damages for breach of the ECHR), Cain (for claimant, Cat A security categorisation), Pennington (Article 5(4) ECHR), and King (CA test for release of determinate sentence prisoners).

  • For PLP in R (Cart) v Upper Tribunal [2012] 1 AC 663, intervening in the Divisional Court, Court of Appeal and Supreme Court, on the major constitutional issue of the amenability of the Upper Tribunal to judicial review. Tim has brought a number of successful “Cart JRs” in cases where he subsequently went on to win his client’s cases in the later appeals.

  • Innumerable successful claims for judicial review (almost all conceded) on behalf of claimants in the immigration field

  • Sole counsel in the Special Immigration Appeals Commission in a case concerning a refusal of naturalisation where reasons were withheld on public interest immunity grounds.

  • Tim has acted for claimants in many cases concerning the overlap between community care and immigration, including e.g. R (SO) v Barking and Dagenham LBC [2011] 1 WLR 1283 (test case which established the duty of local authorities to provide support to “former resident child” asylum seekers and failed asylum seekers) and R (Z) v Hillingdon LBC (2010) 13 CCL Rep 157 (CA, duty to blind asylum seeker). 

Tim gives regular training on immigration issues including a regular training session for ILPA concerning the detention of vulnerable adults. Tim has undertaken advisory work for major immigration charities including JCWI, BID, Medical Justice, and others.