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+44 (0)20 7421 8000
36 Bedford Row
London, WC1R 4JH
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Immigration, Nationality & Asylum Law

Areas of Experience

  • Points–Based System (all Tiers) applications and appeals
  • Permanent residence
  • British citizenship
  • Partner, fiancé(e) and spouse visas
  • EEA family visas
  • Ancestry Visas
  • Visa appeals
  • Entry Clearance
  • Professional Advisory Service for Employers of migrants, including Civil Penalty
  • Notices and compliance with UK immigration laws
  • Business immigration
  • Human Rights applications and fresh claims
  • Judicial review

The Immigration Team

36 Immigration has a reputation for dedication and professionalism. Members of the team have been involved in many of the leading cases of recent years (see below).

There is a wide range of experience within the team from Queen’s Counsel and leading Juniors, to the newly qualified.

The commitment and expertise of the team extends to and is applied to every instruction whether Courtroom advocacy, written work or advising in Conference.

Appellate

Members can assist on the full range of issues arising out of applications, immigration decisions and the appeal process. This includes but is not limited to:

  • Refugee Law
  • ECHR Law
  • EU Law
  • Deportation  
  • Nationality law
  • Business Immigration

Judicial Review

Each member of the team has significant experience of Judicial Review in both the Administrative Court and the Upper Tribunal (IAC). The team offers prompt consideration of papers followed by clear and cogent advice as to the best way forward and prospects of success. This includes but is not limited to:

  • Fresh claims
  • Clearly unfounded claims
  • S94 2002 Act certification ‘deport first appeal later’
  • Cart Judicial Reviews
  • Applications for injunctions and urgent relief

Scope of Work

The team take on both publicly funded and private work and members appear at all levels at Hearing centres throughout England and Wales. We can assist on the full range of issues encountered by clients in the immigration, nationality and asylum fields, including but not limited to the ‘Areas of Experience’ listed at the top of this page. Members are also involved with and active in assisting voluntary bodies and charities including:

  • Amnesty International
  • Bar Pro Bono Unit
  • BID (Bail for Immigration Detainees)
  • Equality and Human Rights Commission

Multi Disciplinary Expertise

The 36 Group at 36 Bedford Row is one of the most well established and progressive multi-disciplinary sets of Chambers in the country with over 100 members, including 10 Queen’s Counsel.

Barristers within the 36 Group are often members of more than one specialist practice group, but even where they are not, each barrister is able to call upon the experience and knowledge of colleagues in other practice groups. This provides excellent scope to draw on expertise in the overlap between:

  • Immigration and Extradition Law
  • Immigration and Family Law
  • Immigration and Housing Law
  • Immigration and Criminal Law

Languages

Individual team members are fluent in French, Spanish, Russian, Polish, German and conversational in Azeri amongst other languages.

Training

36 Immigration regularly hosts CPD accredited seminars in a state of the art facility. Those seminars are known for their refreshing and novel approach, the aim being to keep practitioners up to date with developments in legislation and case law in a friendly, collegiate, and hospitable setting.

Cases members of 36 Immigration have been involved in:

Supreme Court / House of Lords

  • RT (Zimbabwe) v Secretary of State for the Home Department [2012] UKSC 38, [2013] 1 A.C. 152, [2012] 3 W.L.R. 345, [2012] 4 All E.R. 843 – refugee claims, no political views and feigning loyalty to avoid persecution
  • R (ZO (Somalia)) v Secretary of State for the Home Department [2010] UKSC 36, [2010] 1 W.L.R. 1948, [2010] 4 All E.R. 649 – entitlements of asylum seekers, including to employment and benefits conferred by Directive 2003/9
  • Mahad (Ethiopia) v Entry Clearance Officer [2009] UKSC 16, [2010] 1 W.L.R. 48, [2010] 2 All E.R. 535, [2010] Imm. A.R. 203 – third party financial support
  • R (Baiai) v Secretary of State for the Home Department [2008] UKHL 53, [2009] 1 A.C. 287 – the scheme under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s 19 and right to marry

Court of Appeal

  • Secretary of State for the Home Department v. SS (Congo) [2015] EWCA Civ 387
  • R (Negassi) v Secretary of State for the Home Department [2013] EWCA Civ 151, [2013] 2 C.M.L.R. 45 – whether Francovich damages should be awarded against the UK for breach of Directive 2003/9 art.11(2) (the Reception Directive)
  • R (Bahta) v. Secretary of State for the Home Department [2011] EWCA Civ 895; [2011] C.P. Rep.43; [2011] 5 Costs L.R. 857.
  • R (Rostami) v Secretary of State for the Home Department [2013] EWHC 1494 – access to the labour market for asylum seekers and the Shortage Occupation List
  • Bah (EO (Turkey): Liability to Deport), Re [2012] UKUT 196 (IAC), [2013] I.N.L.R. 115 – decision–making in deportation appeals not falling within the UK Borders Act 2007, s 32
  • Odawey v Entry Clearance Officer [2011] EWCA Civ 840 – Article 8, adult children and financial dependency
  • MA (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426, [2010] Imm. A.R. 563 – country guidance and consideration of safety of route or method of return

Administrative Court

  • R (Mehmet) v Secretary of State for the Home Department [2011] EWHC 741 (Admin), [2011] Imm. A.R. 552 – refusal to revoke an automatic deportation order and in–country right of appeal