Christian Howells

Immigration

Christian has been involved in a number of important appeals relating to article 8 ECHR, best interests of the child and was at the forefront of the Gurkha children settlement litigation.

He is also regularly instructed on behalf of the Government in unlawful detention claims and immigration judicial reviews.

Selected Cases

• IT (Jamaica) v Secretary of State for the Home Department [2018] UKSC 53, [2018] 1 WLR 5273: Appeared in the Supreme Court and overturned the Court of Appeal’s reasoning relating to the best interests of the child and deportation under s117C(5) of the Nationality, Immigration and Asylum Act 2002.
• Gurung v SSHD [2016] EWCA Civ 358: Argued it was unfair for the Tribunal to assess an article 8 ECHR claim by reference to the facts as at the date of a second decision to refuse entry clearance, in circumstances where the first decision was set aside as unlawful and the delay in the interim had served to weaken the article 8 claim.
• R (Gurung) v SSHD [2013] 1 WLR 2546: Successfully argued that the historic injustice caused to Gurkha veterans was an important factor in the article 8 ECHR proportionality balancing exercise.
• KR (Nepal) v SSHD: Successfully argued that it was procedurally unfair for the UT to change a decision in the written determination after it announced the appeal would be allowed at the end of the hearing.
• UG (Nepal) v SSHD [2012] EWCA Civ 48: Argued that the policy for settlement of the adult children of Gurkha veterans created a presumption that leave would be granted.
• AR (Nepal) v SSHD [2011] EWCA Civ 1439: Successfully argued that the appellant could rely upon post-decision evidence that he now satisfied the 10 year long residence rule.