Practice Profile
Immigration & Human Rights
David is an experienced immigration practitioner, working in all areas of immigration, with particular expertise in unlawful detention, asylum, human rights and EU law. He is Trustee of the Immigration Law Practitioners Association. Before coming to the Bar he was a caseworker for the Immigration Advisory Service, working directly with unaccompanied minors and victims of torture. He regularly appears before the First Tier, Upper Tier, High Court and Court of Appeal. He has particular experience in judicial review matters whether before the Upper Tier or High Court. He has appeared in landmark litigation before the President of the Immigration and Asylum Chamber on the procedure for immigration judicial reviews (R (on the application of KA and another) v Secretary of State for the Home Department (ending of Kumar arrangements)). He is currently acting in a challenge to the legality of the Immigration Rules pending before the Court of Appeal, and in a case pending before the European Court of Human Rights on the operation of Article 8.
Extradition
David is an extradition specialist barrister, acting on behalf of both individuals and judicial authorities at all levels. Having completed a secondment to the CPS Extradition Unit David has a detailed knowledge of extradition law and practice. He is regularly instructed in complex part 1 and part 2 matters. He has a thorough understanding of international mutual legal assistance having for a number of years advised the Serious Fraud Office in a high profile investigation into multi-million dollar international corporate corruption. Before coming to the Bar David worked for Linklaters and has a strong background in international commercial litigation. He is on the CPS Specialist Extradition Panel and is B Panel Counsel for the Serious Fraud Office. He is a contributor to the leading text book on Criminal Judicial Review.
Testimonials
Appointments & Memberships
- Immigration Law Practitioners’ Association
- Defence Extradition Lawyers’ Forum
- Human Rights Lawyers’ Association
Notable Cases
Upper Tribunal
Pun v SSHD 2019 (HU/12495/2015)
Decision before Vice President Ockleton allowing Article 8 appeal for adult dependents of Gurkha veteran
R (KA and another) v SSHD (ending of Kumar arrangements) [2018] UKUT 201
Decision overturning arrangements for SSHD’s lodging of Acknowledgments of Service
AB v SSHD 2018 (HU/24186 /2016)
Decision before Lord Matthews and Upper Tribunal Jude Perkins dismissing SSHD appeal on all grounds in relation to an allowed deportation matter
Ibrahim v SSHD 2017 (OA/04069/2015)
Consideration of the proper scope of s55 in entry clearance appeals
R (Thapa) v SSHD 2017 (JR/03633/2016)
Judicial review of failure to grant indefinite leave to remain
Bah v SSHD 2017 (OA/15543/2014)
Scope of reasons required in Appendix FM decision
High Court
Krupa v Poland [2019] EWHC 3249 (Admin)
Application of s25 in context of HIV, Hepatitis C and complicating medical conditions
PP v Poland [2019] EWHC 1761 (Admin)
Meaning of decisiveness in application of Fenyvesi principle
Swiercz v Poland [2019] EWHC 1387 (Admin); [2019] ACD 85
Consideration of application and effect of s21A
Ciemniak v Poland [2019] EWHC 1340 (Admin); [2019] ACD 82
Effect of delay on public interest in extradition
Poland v Horbacz [2019] EWHC 1071 (Admin)
Interaction of specialty with disaggregation principles and definition of extradition offence
Gilewski v Poland [2019] EWHC 625 (Admin)
Consideration of impact of Brexit uncertainty on Article 8 appeal
R (Y) v SSHD [2016] EWHC 2883 (Admin)
Challenge to s96 certification
R (Antwa) v Lambeth Children’s Services LGL 2016, Mar 18; JHL 2016, 19(3), D32-D33; Legal Action 2016, Apr, 38-42
Consideration of extension of interim mandatory injunction requiring a local authority to provide accommodation further to s17 Children Act 1989
R (Mohammadi) v SSHD [2014] EWHC 2251 (Admin)
Fresh claim and proper application of Devaseelan test
R (Jaberkhail) v SSHD [2014] EWHC 1821 (Admin)
Application of corrective relief principle
Dowland v Architects Registration Board [2013] EWHC 893 (Admin)
Construction of Architects Act 1997
Destiny 1 Ltd v Lloyds TSB Bank Plc [2010] EWHC 1233 (QB)
Construction of guarantee
Court of Appeal
KA (Afghanistan) v SSHD [2017]
Led by Richard Drabble QC in appeal conceded day before substantive hearing
R (AM (Iran)) v SSHD [2016] EWCA Civ 667
Application of anxious scrutiny in context of fresh claim
Nelson v Circle 33 Housing Association [2014] EWCA Civ 106; [2014] 3 Costs LO 355
Relief from sanctions granted
B (A Child) Hague Convention Proceedings [2014] EWCA Civ 375; [2015] 1 FLR 389; [2014] Fam Law 942
Application of Brussels IIR
Re W (Children) [2012] EWCA Civ 1788; [2012] All ER (D) 193 (Nov)
Consideration and application of C (A Child) (Suspension of Contact), and P (Minors) (Contact: Discretion) in context of complex and long standing domestic violence matter
Education
- BA Hons: First Class
- LLM: Distinction
- Derby Bryce Award – Highest LLM Distinction in University of London
