Neil Sheldon KC

Immigration

Neil has extensive experience of immigration law, and regularly appears in the higher courts in a wide range of appeals. He has particular experience of cases concerning the ECHR, and has appeared in many of the most important such cases in recent years including the recent appeals to the Supreme Court in Hesham Ali, MM (Lebanon), Agyarko and Kiarie & Byndloss.

Neil is currently acting in a number of applications to the European Court of Human Rights concerned with immigration.

A fantastic barrister; forensically adept and has fantastic knowledge of case law.” (Chambers & Partners 2021)

‘He is exceptional in his drafting and will ensure that every case has the best chance of success through thorough examination of the evidence.’ (Legal 500 2021)

“He’s often given high-pressure public impact cases and is hugely impressive.” (Chambers & Partners 2020)

“He is a really top-quality barrister and a very clever guy.” “He’s super hard-working and entirely reliable. He produces clear, concise and elegant written submissions and has very thorough knowledge of immigration.” (Chambers & Partners 2018)

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.
• 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 (Kiarie & Byndloss) v Secretary of State for the Home Department: Article 8; certification; procedural fairness in out of country appeals.

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.
• 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 19: 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.
• 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.
• 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 8: Articles 8 & 12; proportionality of raising age limit to combat forced marriages; paragraph 277 of Immigration Rules.
• SL (Vietnam) v Secretary of State for the Home Department [2010] 1NLR 651: Deportation; bests interests of children; Article 8; mistakes of fact.
• TF (Angola) v Secretary of State for the Home Department [2009] EWCA Civ 905: Asylum; Article 8.
• MH (Syria) v Secretary of State for the Home Department [2009] 3 All ER 564: Article 1F of Refugee Convention; involvement in terrorism and crimes against humanity.
• VK (Sri Lanka) v Secretary of State for the Home Department [2009] EWCA Civ 1435: Detention following failed asylum claim; fresh claims; Hardial Singh principles.
• EB (Ethiopia) v Secretary of State for the Home Department [2009] QB 1: Asylum; confiscation of identity documents as persecution; statelessness.
• JN (DRC) v Secretary of State for the Home Department [2008] EWCA Civ 320: Asylum; false documentation, procedural irregularity.
• RJ (Jamaica) v Secretary of State for the Home Department [2008] EWCA Civ 93: Deportation of foreign criminal; procedural fairness; absence of representative at appeal; professional conduct.
• MT (Zimbabwe) v Secretary of State for the Home Department [2007] EWCA Civ 455: Asylum; Article 8.
• SO (Nigeria) v Secretary of State for the Home Department [2007] EWCA Civ 76: Asylum; Article 8; best interests of children.
• HA (Iraq) v Secretary of State for the Home Department [2006] EWCA Civ 1373: Asylum; application of Tanveer Ahmed; standard of proof; documentary evidence in asylum claims.

High Court / Divisional Court / Tribunal

• Cheryl Ribelli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611
• TZ (Pakistan) v Secretary of State for the Home Department : PG (India) v S Secretary of State for the Home Department (2018).
  
• OA (Nigeria) v Secretary of State for the Home Department [2018] EWHC 681.
• 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 dependent relatives.
• Dasgupta (error of law-proportionality – correct approach) [2016] UKUT 28: Adult dependent relatives; correct approach to error of law findings; Article 8 proportionality.
• Deelah (section 117B – ambit) [2015] UKUT 515: Presidential Panel; challenge to vires of Part 5A of 2002 Act.
• 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.
• 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 (English) v Secretary of State for the Home Department [2010] EWHC 1726: Foreign students; minimum educational requirement; ultra vires; application of Pankina.
• R (A) v Secretary of State for the Home Department [2007] ACD 42: Unlawful detention; serious sexual offender; disputed nationality; imminence of return.