Immigration Law

Justice for migrants

Recent

News

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 says:

"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 7841 6108 david.smith@tooks.co.uk
Simon Gardner 020 7841 6110 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/
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

'Pussycat' Snoop Dogg wins exclusion appeal
The AIT this week upheld a decision by an Immigration Judge that there was no justification for the visa ban imposed on Snoop in March 2007. Finding that the fracas at Heathrow, which had largely founded the exclusion on 'non-conducive' grounds, had been precipitated by BA officials and the police.
25 April 2008
Special Immigration Appeals Commission decision in the case of 'AS' is upheld
Hugh Southey acted for AS in the recent Court of Appeal case upholding the decision of SIAC that it was unlawful for the Secretary of State to seek to deport the Appellant to Libya despite a Memorandum of Understanding.
18 April 2008
Legal 500 2007 recommends Tooks Chambers
17 September 2007
Afghan student can stay in the UK
A student who had faced being deported to Afghanistan is celebrating after being granted asylum.
21 August 2007
Important judgment - R v MJ, 20/7/07 (CA)
The Court of Appeal decided that the detention of unaccompanied minors who commit an offence because they arrive in the United Kingdom without documents is normally unlawful.
30 July 2007
Tooks member involved in SIAC's Judgment in AS & DD - deportation with assurances
26 May 2007

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