Review of the year
This free summary of 2016’s key cases for immigration lawyers (June to December 2016), written by Adam Pipe of No.8 Chambers, is available for download now. The review has been brought to you by Lexis®PSL Immigration experts.
No.8 Chambers have once again been ranked Band 1 for Immigration in the Midlands by Chambers & Partners 2017. Stephen Vokes, Emma Rutherford and Adam Pipe are ranked barristers (Stephen is Band 1, Emma and Adam are Band 2)
From the Chambers UK Bar guide:
THE SET
Number 8 Chambers offers an impressive depth of immigration law talent in the Midlands Circuit. The set is noted by observers for its deep bench of seasoned barristers and experience across a broad spectrum of immigration matters, including asylum, nationality and refugee issues.
JUNIORS
Stephen Vokes
A well-regarded immigration law specialist who is admired for his depth of experience and excellent case preparation. He is a seasoned counsel for both High Court and Court of Appeals proceedings, with experience of a broad range of immigration and asylum cases.
Strengths: "He is extremely experienced, well prepared and able to find solutions to complex legal arguments."
Adam Pipe
Handles a broad range of immigration and asylum law cases. He regularly handles cases before the Immigration Tribunal, the Administrative Court and the Court of Appeal.
Emma Rutherford
Offers a respected immigration law practice, while also impressing in criminal law matters and civil litigation. Strengths: "She is a brilliant advocate who is well liked by clients and judges."
Adam Pipe has co-signed the following letter with other leading immigration/human rights lawyers. This letter has been published in The Guardian.
We write to express serious concerns about the government’s proposals to significantly increase immigration and asylum tribunal fees. This increase, of up to 500%, will put justice beyond the reach of some of the most vulnerable. The House of Commons justice committee has expressed “considerable concern” about these plans and questioned the evidence upon which the government is basing its fees reforms. We urge the government to examine the findings of the committee properly and rethink its proposals, which will harm vulnerable people, including families and children.
The government must also seriously consider the responses it has received to its recent consultation. The increase in fees would disproportionately affect people from ethnic minorities and prevent those most in need from accessing justice. The quality of Home Office immigration decision-making remains poor in many cases, and this increase would prevent even those who do have a right of appeal from exercising that right. It would cost £4,000 for a family of five to appeal, clearly preventing the vast majority of immigrants from challenging unlawful decisions. The proposals exempt those in receipt of legal aid from paying; however, most immigration cases are out of scope for legal aid, therefore only a small minority will benefit from this.
We agree with the Equalities and Human Rights Commission that imposing court fees at the level proposed is likely to breach the European convention on human rights and may be unlawful. The government should be working to ensure justice for vulnerable people including minors and asylum seekers rather than making it harder for them to access courts. The consequences of such a denial of justice will be more parents separated from their children, victims of domestic violence left destitute and vulnerable people at risk of serious human rights abuses. Access to justice is fundamental to the rule of law and we urge the government not to proceed with this proposed increase in court fees.
We are immigration lawyers who are appalled at the increase in racist attacks and racist abuse that have been reported since the referendum. The status of EU nationals has not changed as a result of the vote in the referendum. It is now vital that every EU citizen living in the UK is given a cast iron legally binding commitment that their right of residence will be guaranteed whatever the constitutional arrangements coming out of the referendum vote.
Moreover, opting for fresh restrictions on immigration will not undermine racism, it will only feed it. David Cameron’s renegotiation put the removal of benefits from EU migrants at its heart and set in motion a horrible bidding war. We reap what we sow. Restrictions on EU migrants will set off further demands for restrictions on non-EU migrants who make up the majority of those coming to the UK. The vicious cycle will deepen.
Nor will restrictions limit the numbers, they will simply normalise the hostility. Immigration into Britain is going to continue and thank goodness for that. If the immigrants who work in our NHS, our schools, our businesses, were forced out of the UK, or made so unwelcome they started to leave, the consequences for the economy, the NHS and public services would be disastrous and tit for tat expulsions of British nationals from EU countries would beckon. The extension of the “points-based system” (PBS) for EU migrant workers would extend the massive red tape involved in the current PBS system. Worse, by tying every worker to a specific job it allows unscrupulous employers to browbeat and pressure those on a PBS visa, threatening to create divided workforces.
We want a Britain that welcomes immigrants and provides safety to refugees; we want a vibrant, multicultural Britain with real social justice, not the decay and decline suffered by so much of the UK’s population for 30 years or more. We have more in common than divides us. Let’s take that message into our communities, into our workplaces and on to the streets.
Written by Stephen Vokes.
Emma Rutherford and myself represented AI in this case; the heading is a bit misleading as it is guidance for all Sudanese cases except for Darfur cases. In short this represents an advance on the previous guidance in HGMO (Relocation to Khartoum) Sudan CG [2006] 00062 because there is recognition by the UT that the overall human rights situation in the Sudan has deteriorated.
Do not be put off by the head note; what the Tribunal is saying is that it is a matter of individual factual case assessment in every Sudanese case whether an individual has a well founded fear of persecution. This is what a Tribunal judge should do in any event. However the range of potential risk victims is drawn much wider than before as there is a recognition that any member of the population failing foul of the government and state apparatus could be at risk of persecution. The key question for representatives is to show that the depth of experience of repression by their clients creates a real risk on return for them.
It is unlikely following this Country Guidance, that a one off arrest with no evidence of torture would suffice to found a well founded fear of persecution; nor a period of just harassment. This is seen as rather “normal” by the UT in respect of Sudanese dissidents and those thought to oppose the regime. However the more activity by an applicant, the greater the persecutory risk . This would apply to sur place activity, although here status and organising ability would indicate on the basis of the guidelines, the level of risk on return for an individual.
The decision is welcome on the basis there now is a recognition that there needs to be a sober assessment of the level of risk in each and every Sudanese case, rather than a non Darfuri having to explain why, becomes s/he comes from an area of the Sudan and are not a “risk profession” –see HGMO, they are unusually at risk.