Neil Sheldon KC

Human Rights

Neil regularly appears in the higher courts in a wide variety of judicial review cases, with particular emphasis on claims involving the European Convention on Human Rights. A selection of his recent cases in this area is set out below.

Neil is currently instructed in a number of cases before the European Court of Human Rights including AL v United Kingdom (female genital mutilation in Nigeria), Bureau of Investigative Journalism v United Kingdom (bulk interception of communications; protection of journalistic sources), and Nait-Liman v Switzerland (universal jurisdiction for acts of torture; state immunity).

Selected Cases

Supreme Court

• KV (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA 119: Asylum; self-infliction of injuries by proxy; correct approach to medical evidence in asylum cases.
• R (Kiarie & Byndloss) v Secretary of State for the Home Department (judgment awaited): Article 8; certification; procedural fairness in out of country appeals.
• SXH v Crown Prosecution Service [2017] UKSC 30: Article 8; whether decisions to prosecute can engage the right to respect for private/family life.
• Agyarko v Secretary of State for Home Department [2017] UKSC 11: Article 8; removal of overstayers; need for ‘insurmountable obstacles’ to continuation of family life and ‘exceptional circumstances’.
• MM (Lebanon) v Secretary of State for the Home Department [2017] UKSC 10: Articles 8/14; proportionality of minimum income requirement; discrimination; correct approach to a challenge to the immigration rules.
• Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60: Article 8; deportation of foreign criminal; principles to apply; function of the Tribunal in human rights appeals.
• R (Eastenders) v HMRC) [2014] UKSC 34: Article 6; power to detain goods pending enquiries as to whether duty paid; construction of s.139 of CEMA 1979.

Court of Appeal

• Nguyen v Secretary of State for the Home Department [2017] EWCA Civ 258: Article 8; foreign criminal deportation; interests of children, including step-children whose biological parents are opposed to relocation.
• R (Rights of Women) v Lord Chancellor [2016] 1 WLR 2543: Challenge to LASPO regulations concerning victims of domestic violence; Padfield ulra vires; financial abuse as component of domestic abuse.
• WW (Jamaica) v Secretary of State for the Home Department [2016] EWCA Civ 648: Article 8; foreign criminal deportation; correct approach to proportionality assessment.
• BB (Algeria) v Secretary of State for the Home Department [2016] EWCA Civ 25: Immigration; interpretation of long residence rules; transitional provisions; statutory construction.
• Danso v Secretary of State for the Home Department [2015] EWCA Civ 596: Article 8; foreign criminal deportation; correct approach to proportionality assessment.
• Ikuga v Secretary of State for the Home Department [2016] 1 WLR 390: Article 8; removal of overstayers; need for ‘insurmountable obstacles’ to continuation of family life and ‘exceptional circumstances’.
• FZ (China) v Secretary of State for the Home Department [2015] 3 CMLR 12: EU law; Article 20, TFEU; deportation; Zambrano principle.
• CG (Jamaica) v Secretary of State for the Home Department [2015] EWCA Civ 194: Article 8; foreign criminal deportation; young offenders; correct approach to application of immigration rules.
• AJ (Angola) v Secretary of State for the Home Department [2014] EWCA Civ 1636: Article 8; foreign criminal deportation; correct approach to application of immigration rules.
• LC (China) v Secretary of State for the Home Department [2015] INLR 302: Article 8; foreign criminal deportation; best interest of children in foreign criminal cases.
• HA (Iraq) v Secretary of State for the Home Department [2014] EWCA Civ 1304: Article 8; foreign criminal deportation); correct approach to the public interest in the deportation of serious offenders.
• SJ (Pakistan) v Secretary of State for the Home Department [2015] 1 WLR 1073: Articles 8/14; proportionality of minimum income requirement; discrimination; correct approach to a challenge to the immigration rules.
• SXH v Crown Prosecution Service [2014] EWCA Civ 90: Article 8; whether decisions to prosecute can engage the right to respect for private/family life.
• AA (Iran) v Upper Tribunal [2013] EWCA Civ 1523: Asylum; unaccompanied minors; duty to trace; imputed political opinion.
• MF (Nigeria) v Secretary of State for Home Department [2014] 1 WLR 544: Article 8; foreign criminal deportation; correct approach to new immigration rules.
• CW (Jamaica) v Secretary of State for the Home Department [2013] EWCA Civ 915: Article 8; foreign criminal deportation; public interest in deportation of serious drugs offender.
• MB (Bangladesh) v Secretary of State for the Home Department [2013] EWCA Civ 220: Right of Abode; presumption of legitimacy under s.1(4) of Legitimacy Act 1976.
• Hayat & Treebhowan v Secretary of State for the Home Department [2013] INLR 17: Article 8; requirement to apply from abroad; interpretation and application of Chikwamba.
• R (Eastenders) v HMRC [2012] 1 WLR 2067: Article 6; power to detain goods pending enquiries as to whether duty paid; construction of s.139 of CEMA 1979.
• RS (Uganda) v Secretary of State for the Home Department [2011] EWCA Civ 1749: Article 8; deportation of young offenders; application of Maslov v Austria.
• Quila v Secretary of State for the Home Department [2011] 3 All ER 81: Articles 8 & 12; proportionality of raising age limit to combat forced marriages; paragraph 277 of Immigration Rules.

High Court / Divisional Court

• Judicial review regarding stolen 16th century Qur’an.
• Gill (on behalf of the Sikh Federation UK) v Cabinet Office [2019] EWHC 3407: challenge by the Sikh Federation to 2021 census.
• R (Britcits) v Secretary of State for the Home Department [2016] EWHC 956: Article 8; Padfield ultra vires; challenge to immigration rules restricting rights of entry for adult dependant relatives.
• R (Rights of Women) v Lord Chancellor [2015] 2 FLR 823: Challenge to LASPO regulations concerning victims of domestic violence; Padfield ulra vires; financial abuse as component of domestic abuse.
• R (Litvinenko) v Secretary of State for the Home Department [2014] HRLR 6: Challenge to Home Secretary’s decision not to order a statutory inquiry; Article 2; public interest considerations in investigation of high profile deaths.
• Foreign Secretary v Coroner for Inner North London [2014] ACD 43: PII; Litvinenko Inquest; successful Jr of Coroner’s decision to order disclosure of material.
• R (Majid) & Ors v Secretary of State for the Home Department [2014] 1 WLR 2306: Articles 8/14; proportionality of minimum income requirement; discrimination; correct approach to a challenge to the immigration rules.
• SXH v Crown Prosecution Service [2013] EWHC 71 (QB): Article 8; whether decisions to prosecute can engage the right to respect for private/family life.
• R (Wilmot) v Secretary of State for Justice [2012] EWHC 3139 (Admin): Life prisoners; transfer to open conditions; principles to be applied by parole board.
• Raed Mahajna v Secretary of State for the Home Department [2011] EWHC 2481: Article 5; detention pending deportation; requirement to give accurate reasons for deportation.
• R (Bonhoeffer) v General Medical Council [2012] IRLR 37: Hearsay evidence in professional disciplinary proceedings; Article 6; compelling reasons required to justify absence of witness.
• R (MA) v National Probation Service [2011] ACD 86: Article 6; challenge to conditions imposed after release on licence; sufficiency of judicial review.
• R (English) v Secretary of State for the Home Department [2010] EWHC 1726: Foreign students; minimum educational requirement; ultra vires; application of Pankina.