Immigration

We undertake a broad range of immigration work with our members regularly appearing in the Court of Appeal, the Supreme Court and the Special Immigration Appeals Commission (SIAC).

The immigration team also advises and appears on behalf of Claimants and the Secretary of State in appeals before the First Tier and Upper Tribunal, and in judicial reviews of immigration decisions. Our Chambers and barristers remain recommended by Legal 500 and Chambers & Partners. In 2018, Martin Forde KC was appointed as the Independent Advisor to the Windrush Compensation Scheme.

The immigration team accepts instructions across the full spectrum of immigration law, including:

• European migration, including permits and residence cards
• Family migration
• Asylum and humanitarian protection
• Human rights claims
• Business and employment migration
• Naturalisation

Notable cases include:

• KV (Sri Lanka) v SSHD [2019] UKSC 10: Supreme Court case concerning the proper role of a medical expert in asylum proceedings.
• Help Refugees Limited v SSHD [2017] EWHC 2727 (Admin) High Court dismissed a challenge brought by the charity Help Refugees to the Home Office’s consultation process resulting in setting of the number of how many children could be admitted and rehoused in the UK.
• R (Kiarie & Byndloss) v SSHD [2017] UKSC 56 Challenge to the SSHD’s controversial ‘deport first, appeal later’ policy under which foreign criminals are required to bring their deportation appeals from abroad heard in the Supreme Court.
• RSM v SSHD [2017] UKUT 124 (IAC) Acted for the SSHD in a judicial review of the SSHD’s use of the Article 17 discretion to circumvent Dublin Regulation.
• R (AI) v SSHD (2017) Acted for the appellant as a Special Advocate in a challenge by way of judicial review to the SSHD’s decision to cancel the Appellant’s passport under the Royal Prerogative.
• R (Agyarko) v SSHD [2017] UKSC 11 Supreme Court case which established the principles to be applied in Article 8 challenges to removal brought by those who establish relationships with British citizens whilst unlawfully in the UK.
• R (MR) v SSHD (2017) Acted as Special Advocate in a challenge to the SSHD’s decision to cancel the passport of a man who had been linked to terrorist activity in Syria.
• R (MM Lebanon) v SSHD [2017] UKSC 10 A challenge heard in the Supreme Court to the minimum income requirement, which requires that UK–based sponsors earn at least £18,600 per annum before entry clearance will be granted to their foreign partners.
• Hesham Ali v SSHD [2016] UKSC 60 A case which set out the principles to be applied in cases concerning the deportation of foreign criminals decided in the Supreme Court.
• IT (Jamaica) v SSHD [2016] EWCA Civ 932 Court of Appeal case which considered the weight to be attached to the public interest when considering an appeal by a person who has already been deported against a refusal to revoke a deportation order.
• SSHD v B2 (2013) Appeared as Special Advocates before the Special Immigration Appeals Commission and Court of Appeal in an important case concerning the question of whether an order depriving a British citizen originating from Vietnam of his British citizenship on the basis of his alleged involvement in terrorism-related activities had rendered him stateless within the meaning of the British Nationality Act 1981 s.40(4).
• Kanwal v SSHD Represented a Christian Pakistani brother and sister before the Upper Tribunal who were seeking asylum in the UK after being falsely accused of blasphemy against Islam.
• Farooq & Sharif v. SSHD [2015] SN/7/2014 An exclusion decision by the SSHD which was successfully appealed, with Angus McCullough KC acting as Special Advocate.
• SSHD v M2 (2015) Acted as a Special Advocate on behalf of the Appellant, a dual national who challenged a decision to deprive him of British Citizenship on the grounds that his presence in the country was not conducive to the public good.
• SSHD v B2 (2013) Instructed as Special Advocates before the Special Immigration Appeals Commission and Court of Appeal in an important case concerning the question of whether an order depriving a British citizen originating from Vietnam of his British citizenship on the basis of his alleged involvement in terrorism-related activities had rendered him stateless within the meaning of the British Nationality Act 1981 s.40(4).

Vanessa Long accepts instruction on immigration cases and is based in our Brighton Annexe. For information on our team based in Brighton, please click here.