David Manknell KC

Immigration

David’s practice encompasses all aspects of immigration and asylum law. He has appeared in hundreds of claims for judicial review in this area, and regularly appears in the Court of Appeal.

Selected Cases

• R(NB) v SSHD [2021] EWHC 1489 (Admin); [2021] 4 W.L.R. 92. Represented the SSHD in this challenge to the accommodation of asylum seekers at Napier former military barracks.
• R(Mitchell) v Secretary of State for Justice [2021] EWHC 2248 (Admin); [2021] A.C.D. 112: Represented the SSJ in this challenge to the consultation process for reform of the Criminal Injuries Compensation Scheme.
• R (Abidoye) v SSHD [2020] EWCA Civ 1425: Successful in Court of Appeal over challenge to deportation policy.
• R(Detention Action) v SSHD [2020] EWHC 732 (Admin): Challenge to part of the Government’s Covid-19 response, namely the continuing immigration detention, and established the wide margin of appreciation for Covid-related operational choices
• R(Help Refugees Ltd) v SSHD [2017] 4 WLR: Defended the SSHD’s implementation of the ‘Dubs Amendment’ scheme under s.67 of the Immigration Act 2016. Issues in respect of the consultation process, the setting of the number of children to be transferred, and the process adopted.
• Citizens UK v SSHD [2017] EWHC 2301 (Admin): Defended the SSHD’s procedures following the closure of the camp in Calais (‘The Jungle’).
• SSHD v ZAT and others [2016] EWCA Civ 810; [2016] 1 W.L.R. 4894, and R(ZAT) v SSHD [2016] UKUT
• 61 (IAC): The Calais children litigation. This was the joined cases concerning children residing in the camp known as the jungle in Calais. The legal issue was the extent to which the UK was obliged to admit those who claimed to have family in the UK, when they had not claimed asylum in France.
• R(Pour and others) v SSHD [2016] EWHC 401 (Admin); [2016] 2 C.M.L.R. 47: Four joined test cases which concerned whether asylum seekers can be returned to Cyprus as a safe third country, given alleged deficiencies in Cypriot procedure and facilities.
• R(Hassan and Karada) v SSHD (IJR) [2016] UKUT 452 (IAC): This was a test case in respect of whether asylum seekers who had previously claimed asylum in Malta can safely be returned to Malta for their claims to be considered, given the restrictions facing such claimants in Malta.
• R(Dudaev) v SSHD [2015] EWHC 1641 (Admin); [2015] 3 C.M.L.R. 37: This case before the Divisional Court covered important legal issues in respect of the compatibility with the EU Charter of UK legislation governing transfers of asylum seekers back to other European countries.
• R (AI) v SSHD [2015] EWHC 244 (Admin): Dublin regulation: returns to France and French fast-track asylum procedure.
• R(B) v SSHD [2014] EWCA Civ 854; [2014] 1 W.L.R. 4188: The “burka ban” case, in the Court of Appeal. This concerned whether the French burka ban prevented removal to France of a young asylum seeker who wore the burka, and would not be permitted to attend school in France.
• R(Brit College) v SSHD [2014] EWHC 4164 (Admin): Revocation of sponsor licence for Higher Education College. Lawfulness of “bright line” rules.
• R(Warnborough College Ltd) v SSHD [2013] EWHC 3915 (Admin): Revocation of sponsor licence, alleged impossibility of requirements.
• NP(Sri Lanka) v SSHD [2012] EWCA Civ 906: Whether Secretary of State can rely on internal relocation in an appeal to the UT, when it did not form part of their case in the original refusal or the FTT.
• RS (Pakistan) v SSHD [2011] EWCA Civ 434: Students who fail their examinations cannot remain in the United Kingdom as students whilst waiting to re-sit the examinations, unless they are in the meantime attending a full-time course of study.
• SS and Others (Sovereign immunity claim – Certificate conclusive) Malaysia [2009] UKAIT
• 00007: International law: refusal to extend sovereign or diplomatic immunity to the Sultan of Pahang, Malaysia under the State Immunity Act 1978 and the Diplomatic Privileges Act 1964.