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Immigration Law

Justice for migrants

Tooks has an energetic and longstanding commitment to excellence in immigration representation and, in particular, a proven track record of service to asylum seekers. The team's expertise covers all aspects of immigration law including European, nationality, government policy and business-related applications.

Chambers & Partners 2008 said:

"This set is well noted for its asylum counsel and assistance on asylum support issues. It is equally skilled on the crossover between immigration and related matters that encroach into areas of public law, such as prison law and false imprisonment claims against the Home Office. Its work includes important representations concerning the public funding of immigration work, LSC contract disputes and public law challenges to individual representation decisions."

Members of the team receive recognition for their work in the field and are rated individually in Chambers & Partners and the Legal 500.

An important feature of immigration work at Tooks is the cross-fertilization to other fields including administrative, welfare, housing, family, education and detention including prison law and unlawful detention claims against the Home Office. Members regularly take challenges that straddle these different areas. Most recently, this has included civil actions for assault and unlawful detention, public law challenges to LSC funding decisions and challenges to local authority support decisions for children and young people subject to immigration controls.

The team represents at all levels from AIT (Asylum & Immigration Tribunal) to the Administrative Court, Court of Appeal, the House of Lords, the ECJ (European Court of Justice) and the EctHR (European Court of Human Rights) and has a strong presence in the leading Country Guidance and deportation cases including those raising national security matters and cases before the Special Immigration Appeals Commission (SIAC).

Notable Cases in which Tooks has been involved include:

• AM (Cameroon) [2008] EWCA Civ
• AS (Libya) (2008) The Times 16 April
• MT (Algeria) [2008] 2 WLR 1835
• VN (Uganda) [2008] EWCA Civ 232
• AK (Palestine) v SSHD [2007] Imm AR 81
• Tozlukaya [2006] INLR 354
• Karas & Milandinovic [2006] EWHC 747 (Admin)
• R (Ullah) v Special Adjudicator [2004] UKHL 26
• R (Hoxha) v Special Adjudicator [2005] UKHL 19
• B v SSHD [2005] EWCA Civ 61
• Egilmez v SSHD [2005] EWCA Civ 827
• R (Hindawi) v SSHD [2004] EWCA Civ 1309
• R (Erdogan) v SSHD [2004] EWCA Civ 1472
• Bidar v LB Ealing Times, March 29, 2005
• Daraz v SSHD [2002] INLR 462
• R v Special Adjudicator ex p Virjon B [2002] EWHC 1469
• Ahmed Djebari v SSHD [2002] EWCA Civ 813

Leading AIT Country Guidance cases include:

• SM and others (Entry Clearance proportionality) Afghanistan CG [2007] UKAIT 00010
• EH (Palestinian - entry clearance - proportionality) Iraq [2005] UKIAT 00062
• MM (Zaghawa - Risk on Return - internal Flight) Sudan [2005] UKIAT 00069
• BK (Risk - Adultery - PSG) India CG [2002] UKIAT 03387
• FS (Iran - Christian - Converts) Iran CG [2004] UKIAT 00303
• MNM [2000] INLR 576;

Tooks is committed to excellence in first instance representation and success at the earliest stage.

Members of the team are also authors, editors and contributors to a number of publications including Judicial Review: A Practical Guide (Jordans, 2004), Macdonald & Webber, Immigration Law & Practice, the UK Human Rights Reports, European Human Rights Reports, Tolleys Immigration & Nationality Law & Practice, Current Law Statutes, the Journal of Immigration, Nationality & Asylum Law, and Legal Action.

There is also significant involvement in lobbying in respect of legislation, particular interest groups, as well as training on behalf of ILPA, JCWI, HJT, UNHCR, ECRE, individual solicitors firms, CAB and law centres, local authorities and various charities (with a particular focus on support for families suffering from HIV/AIDS). The team is represented on the ILPA Executive Committee. Team members hold judicial positions as Immigration Judges at the Asylum and Immigration Tribunal.

The team members regularly teach and train on immigration and asylum law and are always happy to be approached for training purposes.

Further Information

Further information about individual members of our Immigration team can be obtained using the links to the right. You can also contact our clerks directly:

• David Smith 020 7842 7608 david.smith@tooks.co.uk 
• Simon Gardner 020 7842 7610 simon.gardner@tooks.co.uk

Useful links (in alphabetical order)

• Aire Centre: http://www.airecentre.org/
• Amnesty International: http://www.amnesty.org/
• Anti-Slavery International http://www.antislavery.org/
• Asylum Aid: http://www.asylumaid.org.uk/
• Asylum and Immigration Tribunal practice directions and caselaw: http://www.ait.gov.uk/practice_directions/case_law.htm
• Asylum Law: http://www.asylumlaw.org/
• Asylum Support and Immigration Resource Team (ASIRT): http://www.asirt.org.uk/
• Asylum Support Tribunal: http://www.asylum-support-tribunal.gov.uk/
• Association of Visitors to Immigration Detainees (AVID): http://www.aviddetention.org.uk/aviddefault.htm
• Bail for Immigration Detainees (BID): http://www.biduk.org/
• British and Irish Legal Information Institute: http://www.bailii.org/
• European Court of Human Rights: http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en
• Electronic Immigration Network: http://www.ein.org.uk/
• European Council on Refugees and Exiles:http://www.ecre.org/
• European Country of Origin Information Network (ECOI): http://www.ecoi.net/
• Home Office Country of Origin Information (COI): http://www.homeoffice.gov.uk/rds/country_reports.html
• Home Office Policy Instructions (OEM, IDIs, APIs):
  http://www.ind.homeoffice.gov.uk/lawandpolicy/policyinstructions/
• Human Rights Watch: http://www.hrw.org/
• ILPA: http://www.ilpa.org.uk/
• Immigration Advisory Service: http://www.iasuk.org/
• Information Centre about Asylum Seekers and Refugees (ICAR): http://www.icar.org.uk/
• Joint Council for the Welfare of Immigrants: http://www.jcwi.org.uk/
• Latitude Law http://www.latitudelaw.com/ Advice and representation in Manchester and the north west
• Medical Foundation for Care of the Victims of Torture: http://www.torturecare.org.uk/
• Migrant Helpline: http://www.migranthelpline.org.uk/
• National Archives: http://www.nationalarchives.gov.uk
• Office of Public Sector Information: http://www.opsi.gov.uk/
• Refugee Action: http://www.refugee-action.org.uk/
• Refugee Council: http://www.refugeecouncil.org.uk/
• Refugee Legal Centre: http://www.refugee-legal-centre.org.uk/
• Rightsnet: http://www.rightsnet.org.uk/
• Special Immigration Appeals Commission (SIAC): http://www.siac.tribunals.gov.uk/
• UK Lesbian & Gay Immigration Group: http://www.uklgig.org.uk/
• UK Visas: http://www.ukvisas.gov.uk/
• UNHCR: http://www.unhcr.org/cgi-bin/texis/vtx/home
• University of Minnesota Human Rights Library: http://www1.umn.edu/humanrts/index.html
• US Department of State: http://usinfo.state.gov/

Recent news

• Chambers UK 2011 - Tooks Barristers Featured as Leaders at the Bar
  Tooks barristers continue to score in the latest edition of Chambers UK, due to be published in November 2010. Individual members have been recognised in Administrative and Public Law; Civil Liberties; Crime; Employment; Immigration and Police law.
  2 July 2010
• Out of the Dogghouse!
  Snoop Dogg wins again in his appeal against refusal of entry clearance
  4 March 2010
• Tooks Expertise Recognised by Chambers UK 2010
  In the latest edition of Chambers UK published on the 11th November 2009 Tooks has been recognised as a leading set in Civil Liberties, Crime, Immigration and Police Law. Individual members have been recognised in Administrative and Public Law, Dispute Resolution and Employment.
  12 November 2009
• Tooks Expertise Recognised by the Legal 500 Again
  In the most recent edition of the Legal 500 UK (2009) launched on the 8th September Tooks was once again recognised as one of the top three leading claimant sets recommended as a leading set in Crime, Human Rights & Civil Liberties, and Immigration & Nationality. Individual members are also included within Administrative and public law, and Employment.
  23 September 2009
• High Court Orders Release of Somali Asylum Seeker After Three Years in Detention Awaiting Deportation
  Ahmed Daq, a Somali citizen who had been given humanitarian leave to remain in the UK but was subject to deportation measures on account of a long history of drug-related crime including robbery and burglary, was ordered to be released by the High Court on Friday
  26 June 2009
• High Court Judge Orders Home Secretary to Grant Entry to Grieving Mother
  Kessie Moyo, the mother of Godfrey Moyo a young epileptic man who died while on remand at Belmarsh in 2005, was refused entry clearance to attend her son’s inquest which starts today.
  22 June 2009
• Tooks Chambers Expertise Recognised by Chambers & Partners UK Guide
  The set has been recognised as a leading set in Civil Liberties, Crime, Immigration and Police Law. Individual members have been recognised in Administrative and Public Law, Mediation and Employment.
  10 November 2008
• Tooks Welcomes the Judgment in the Gurkha Challenge to Immigration Violations
  Gurkhas celebrate a victory in their court battle for the right to settle in Britain.
  30 September 2008
• Rapper Busta Rhymes wins Court battle for the right to perform at a charity concert
  Busta Rhymes was refused permission to enter the UK at London City Airport on Thursday morning because of criminal convictions in the US.
  29 September 2008
• Tooks Chambers Expertise Recognised by the Legal 500.
  Recognised as one of the top three leading claimant sets also recommended as a leading set in Crime, Human Rights & Civil Liberties, and Immigration & Nationality.
  22 September 2008

• 1996 Hugh Southey QC (2010)
• 1988 Chris Williams
• 1990 Rebecca Chapman
• 1992 Nicola Braganza
• 1995 Grace Brown
• 1995 Amanda Weston
• 1995 Glen Hodgetts
• 2000 Rita Sethi
• 2003 Abigail Smith
• 2004 Adam Straw
• 2006 Leonie Hirst
• 2007 Richard Reynolds