Benjamin Seifert

Public Law

Benjamin is a highly experienced public law practitioner with an impressive record of high-profile court appearances. Benjamin is regularly instructed to act in complex immigration and prison law matters on behalf of the Government. He has developed an extensive practice in immigration and asylum law, acting in numerous judicial review cases involving:

a. Section 3C leave
b. Revocation of indefinite leave to remain.
c. Leave to remain on compassionate grounds
d. Biometric residence permits.
e. The EU Settlement Scheme
f. Tier 1 (Entrepreneur visas)
g. Family reunion applications
h. Overstayers applying to join the British army
i. The status of retained EU law

He has acted in a number of cases for the Ministry of Justice when prisoners have challenged the retention of information or the failure to respond to subject access requests pursuant to the Data Protection Act.

He has recently advised the Department for Trade in relation to a new international procurement agreement and also DEFRA in relation to Transmissible Spongiform Encephalopathies.

Selected Cases

• R(Kaleta) v Judicial Appointments and Conduct Ombudsman [2024] EWHC 1038 (Admin): A claim for judicial review of a decision concerning a complaint about a judge.
• R. (on the application of SGW) v Secretary of State for the Home Department (Biometrics: Family Reunion Policy) [2022] UKUT 15 (IAC): The wording of Home Secretary’s guidance on family reunion (“Family reunion: for refugees and those with humanitarian protection”, version 5.0, published on 31 December 2020) strongly suggested that an application for entry clearance would not be considered unless and until biometric information had been enrolled.
• R (Adrian Bailey) v Secretary of State for Justice [2022] EWHC 2125 (Admin): Appearing on behalf of the Ministry of Justice in a case which sought to challenge the vires and ECHR compliance of the new Parole Board Rules.
• Ali v Home Office [2022] EWHC 866 (QB): The detention of an asylum seeker on the Detained Fast Track.
• R (John Wilson) v Secretary of State for Justice [2022] EWHC 170 (Admin): A substantive judicial review of a refusal to offer a prisoner an oral hearing in relation to an application for de-categorisation.
• Philip Austin [2022] EWHC 63 (Admin): Representing the Parole Board in a case concerning providing a summary of a decision of the Board to the victims of the offender before the Claimant himself received it and the protocol which gives the prisoner the opportunity to comment on its contents.
• R (Matusha) v SSHD [2021] UKUT 175: IAC Revocation of indefinite leave to remain. Sole counsel against Sonali Naik KC.
• R (SA & Ors) v SSHD EWHC [2021] 1601, 1602, 1448 (Admin): Representing the SSHD in joined claims concerning destitute asylum seekers.
• R (Walsh) v Secretary of State for Justice [2020] EWHC 1250 (Admin): Judicial review concerning the lawfulness of “approved premises” accommodation for a convicted sex-offender.
• R (C1) v SSHD [2021] EWHC 2334 (Admin); R(K) v SSHD [2020] EWHC 3639 (Admin): Asylum accommodation.