Jonathan Metzer

Immigration

Jonathan has extensive experience in asylum and immigration matters. Jonathan regularly appears on behalf of claimants before the First-tier Tribunal and Upper Tribunal in claims of asylum (including cases involving conditions in Afghanistan, Albania, Egypt, Iran, Iraq, Rwanda, Somalia, Sri Lanka, and Uganda), human rights (with extensive experience of cases involving Article 3 and Article 8) and appeals involving issues of retained EU Law. He has achieved significant successes in both the deportation and non-deportation context. He also has considerable experience representing claimants in immigration judicial reviews in both the Administrative Court and the Upper Tribunal, and in urgent injunction applications against removal (including out of hours). He regularly undertakes work preparing grounds of appeal, grounds for judicial review and pre-action letters before claim. Jonathan has extensive experience representing claimants in unlawful detention claims, including successfully appearing at trial.

His written and oral advocacy on behalf of immigration claimants has been praised by Judges of the High Court, Upper Tribunal and First-tier Tribunal.

Jonathan is a member of the Attorney General’s Panel of Special Advocates.

Jonathan is recommended as a leading junior by Chambers & Partners. Recent editorial includes:

• “Jonathan is an amazing advocate who very convincingly puts forth his arguments. He is thoughtful, experienced and knowledgeable.”
• “Jonathan’s knowledge of immigration law is outstanding.”
• “In each and every case he goes above and beyond the call of duty to ensure we reach our objective.”
• “Jonathan Metzer has an eye for detail, and deals with all of his given cases with sheer determination and passion.”
• “Jonathan’s knowledge of asylum, immigration and public law cases is fantastic.”
• “His written work is brilliant and his advocacy is really good. His pleadings are very thorough and persuasive.”

Selected Cases

Asylum

• Successful appeal on behalf of an Iranian Kurd who was at risk of persecution in Iran due to his political beliefs.
• Successful appeal on behalf of a man whose indefinite leave to remain was cancelled after he was sentenced to 14 months’ imprisonment for dangerous driving whilst intoxicated. Whilst the Judge found that his criminality meant that he was excluded from protection under the Refugee Convention, his claim was accepted in substance and upheld under Article 3 of the European Convention.
• Successful appeal in the Upper Tribunal on behalf of a man whose refugee status was revoked after he was sentenced to 42 months’ imprisonment for his part in a family-run conspiracy to fraudulently evade duty.
• Successful appeal against deportation for criminal offending on basis of well-founded fear of persecution in Sri Lanka owing to familial connections to LTTE and evidence of significant political activity in the UK.
• Successful appeal by 19 year old Sunni Kurd from Disputed Territories of Iraq under latest Country Guidance.
• Successful appeal by a Ugandan man found to have a well-founded fear of persecution owing to his sexuality.
• Successful appeal against revocation of refugee status arising out of 28-month prison sentence for participation in a large money laundering scheme.
• Prepared claim for ‘Cart’ judicial review arising out of asylum appeal by a North Korean citizen unwilling to cooperate with South Korean authorities owing to concerns about her family, a matter not fully considered by existing Country Guidance.
• Successful appeal on the basis of fear of persecution by Sri Lankan government for perceived support for Tamil Tigers. Applicant had also been sentenced to 2 years’ imprisonment in the UK.

Immigration

• Successful appeal on behalf of HIV-positive Ghanaian with end stage kidney disease on the basis of Article 3 under principles in AM (Zimbabwe).
• Successful appeal against deportation for historic criminal offending on the basis that this would result in unduly harsh consequences for the appellant’s British citizen child, who suffered from substantial physical and mental health issues. Instructed pro bono via Advocate. Praised in the judgment, with the Judge stating that “It is worth emphasizing that Mr Metzer provided first class representation pro bono.”
• Successful appeal under Article 8 on behalf of an elderly woman dependent on her family in UK due to severe cognitive impairment. Provided advice on evidence and represented the appellant at the hearing.
• Successful appeal under Article 8 outside the Rules on the basis of ‘more than normal emotional ties’ between the Appellant and his brother in the UK.
• Successful appeal against refusal of entry clearance for Brazilian mother (with British citizen child) to join Scottish father in the UK.
• Successful appeal on behalf of an unmarried partner under the EEA Regulations. Praised in the judgment for providing “an excellent skeleton argument”.
• Successful appeal before the Upper Tribunal arising out of failure to apply principles relating to a ‘qualifying child’.
• Successful appeal before the FTT on the basis of family life outside the Immigration Rules.
• Successfully appeared at FTT and Upper Tribunal in an appeal on the basis of private life outside the Immigration Rules in circumstances where the Legal Ombudsman had found that the claimant had received “poor service” from his previous solicitors. Instructed through the Bar Pro Bono Unit.
• Successful appeal against a refusal on the basis of a ‘marriage of convenience’. Praised in the judgment for “a thoroughly professional attitude“.
• Appeal before Upper Tribunal under Article 8 outside the Immigration Rules. Instructed through the Bar Pro Bono Unit.

Judicial Review

• Successful claim for judicial review arising from refusal of visit visa. SSHD agreed to reconsider decision following service of written grounds.
• Successful claim for judicial review arising from unreasonable refusal of Article 8 claim without right of appeal. Decision withdrawn following grant of permission on the papers.
• Substantive judicial review hearing in the Upper Tribunal on behalf of a care worker whose visa was cancelled for unlawful work at a restaurant, after permission to proceed was granted.
• Permission to apply for judicial review granted at oral hearing in relation to a claim that the SSHD erred in assessment of whether Section 3C Leave had been extinguished. Decision withdrawn following grant of permission.
• Successful judicial review of refusal of visit visas on the basis that the immigration interviews were conducted unfairly. Decision withdrawn and visit visas granted following consideration of written grounds.
• Out of hours application to the Administrative Court for an urgent injunction against removal to the Philippines. Praised by the judge for arguing “with considerable determination and ingenuity”.
• Out of hours application to the Administrative Court for an urgent injunction against removal to Afghanistan. Prepared judicial review grounds and undertook telephone hearing.
• Upper Tribunal judicial review arising out of defective service of a decision notice. Prepared amended grounds and undertook hearing. Subsequently instructed to prepare application for appeal out of time.

Unlawful Detention

• Successful representation at two day-trial of unlawful detention claim brought with reference to the Home Office Adults at Risk policy, with £20,000 in damages awarded.
• Prepared Particulars of Claim, advised on quantum and appeared at hearings in unlawful detention claim under Hemmati case and also the Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017, which settled successfully shortly before trial.
• Prepared the Particulars of Claim and advised on quantum on behalf of a man held in immigration detention for two periods, comprising almost 15 months and approximately three months.
• Prepared Particulars of Claim in unlawful detention claim which included alleged failure to identify claimant as a person who was a victim of modern slavery. Claim successfully settled.