Raphael practises in asylum, immigration and nationality law. He appears regularly in the Upper Tribunal, the Administrative Court and the Court of Appeal.
Raphael accepts instructions from law firms and members of the public ("direct access"). He has been praised by instructing solicitors as dedicated and willing to go the extra mile for clients. His advocacy has been described as "exemplary".
Raphael's main interest is strategic litigation: working in partnership with solicitors to identify new legal points, training caseworkers to spot them, and advising early in order to test the issues on appeal. The aim is to build cases with overwhelmingly strong evidence, and develop arguments to test and change the law.
An example is the successful campaign to secure settlement rights for the children of Gurkha veterans: working closely with Howe & Co. Solicitors, Raphael developed a case preparation template based on causation and historic injustice, and developed the arguments (adopted by the other parties) which were accepted by the Court of Appeal in R (Gurung) v SSHD  1 WLR 2546. The Upper Tribunal then developed the case law further, recognising that historic injustice will "normally require" a decision in an appellant's favour (Ghising and others (Ghurkhas/ BOCs- historic wrong- weight)  UKUT 567 (IAC)). As a result, the Home Office modified its policy.
Before coming to the bar, Raphael was a successful broadcaster and foreign correspondent, working for the BBC and other international news outlets. He reported on the genocide in Rwanda in 1994, the Albanian uprising in 1997 and separatist violence in Macedonia.
Raphael delivers bespoke training in person and by video.
- Judicial review (eg fresh claims, certification, procedural fairness claims, ETS etc)
- Business Migration (Points based systems, Investors)
- Family reunion (Article 8, Appendix FM, spouses & chidden)
- Unlawful detention and false imprisonment
- European Union law (Residence Cards, sham marriage allegations, Ankara applications)
- Nationality law (British citizenship: registration, naturalisation and revocation)
Appointments & Memberships
- Administrative Law Bar Association (ALBA)
- Immigration Law Practioners Association (ILPA)
- Devani v SSHD  1 WLR 2613 (CA) - whether UT slip rule can reverse disposal - Article 3 - weight to be given to assurances as to prison conditions;
- R (Gurung) v SSHD  1 WLR 2546 (CA) - Gurkhas - historic injustice based on causation not the weight to be given to egregious state conduct;
- Ghising and others (Ghurkhas/ BOCs- historic wrong- weight)  UKUT 567 (IAC) - whether immigration control relevant to proportionality - historic injustice normally dispositive;
- Pun v SSHD  4 WLR 80 (CA) - extent to which historic injustice applies to private life;
- Jitendra Rai v ECO  EWCA Civ 320,  All ER (D) 23 (May) - Article 8 - family life between adults made out by support which is "real", "effective" or "committed";
- R (B) v Brent Youth Court  EWHC 1893 (Admin);  All ER (D) (Jul); (cited in Blackstones at ) - welfare principle requires a Youth Court to consider repeat bail applications despite the absence of a change in circumstances
- Italian (native)
- French (basic)