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Barrister - manjit s gill qc

Year of Call:  1982

Year of Silk:  2000

Position:  Head of International Human Rights Law

Manjit S Gill QC International Human Rights Law CV

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Manjit S Gill QC - International Human Rights Law

Manjit Singh Gill has argued some of the most highly publicized and ground-breaking constitutional, public law, international law and human rights cases with regular appearances each year in the House of Lords and Supreme Court. He has also conducted Court of Justice and Eur Ct of Human Rights cases. His work in the international field has involved:

The law relating to failed states (e.g. Somalia, with repercussions in commercial law),
Effects of deprivations of nationality and statelessness (East African Asians and different categories of British nationals),
The laws of war, laws of internal armed combat, humanitarian law, conscientious objection (e.g. Krotov’s case),
International treaty interpretation (numerous cases in the House of Lords),
Use of rape as a weapon of war and the protection of women (Hoxha and B),
Indefinite detention of terrorists without trial (the Belmarsh case),
House arrest, control orders and deprivation of liberty (JJ and others),
Torture and ill-treatment treatment by states of suspected terrorists (A v Secretary of State),
Effects of foreign marriages, validity of marriages in foreign consulates (including a successful case in the Court of Appeal involving the Ecuadorian Embassy),
A state’s consular duties to protect nationals abroad (Butt),
Extradition (various Supreme Court and High Court cases concerned with children, the mentally ill, and construction of the Extradition Act 2003; he has appeared on national BBC news and on South African TV to provide expert legal comment on the Shrien Dewani extradition to South Africa),
Socio-economic rights of migrants in international law,
Equality and discrimination issues,
Advising on death penalty cases in other jurisdictions,
Proscription of suspected terrorist organisations,
Corporate social responsibility and international law,
EU law.

He has also advised on such issues in commercial and family law contexts (particularly international adoption and child abduction issues) and represented local authorities in international adoption cases.
He has also advised Indian businesses in relation to commercial activities in the UK and advised on cross-jurisdictional contractual disputes, the effect of bilateral investment treaties, assets recovery, and commercial property issues. He brings to his commercial and international arbitration work a strong human rights approach and is approached specifically because he is able to adopt a multi-disciplinary approach.

He has represented proscribed organisations, including as a Special Advocate, and has regularly appeared before the Special Immigration Appeals Commission in national security cases including cases challenging the removal under memoranda of understanding of terrorist suspects to regimes where they face torture.

He has brought successful challenges to legislation on the right to marry, to detention of terrorists and to the interpretation of the Extradition Act 2003, amongst many others.

He has conducted many of the landmark cases in immigration law, often involving detailed analysis of public and private international law. He has advised extensively on all aspects of immigration including business, family, and EU law, on the large scale movement of labour across different jurisdictions, and the immigration and employment needs of businesses including the movement of sportsmen and women.

He is particularly committed to working for disadvantaged groups. His clients have also included major international corporations, foreign royalty, governmental, non-governmental bodies and campaigning groups.

He advises on privacy and media issues especially where they raise human rights issues.
See also his Public Law CV.

Languages: Punjabi, Urdu

Speeches and seminars
Manjit Gill QC has spoken regularly at national and international conferences. For example:

2013: Speech at Joint Council for Welfare of Immigrants AGM; Speaker on Human Rights at International Council of Jurists Conference.
2012: Speech at ILPA Conference:  Working with Refugee Children: Best Interests of the Child
2011: Speech at ILPA Conference on Best Interests of the Child
2009: Speaker at the 2009 Bar Conference on the equality and diversity implications of public funding cuts in family work. 
2008: Speaker at the 2008 Bar Conference on the growing impact of Sharia law.
2005: Speech to the Indian Supreme Court Bar Association. 
2004: Speaker at Brussels conference organised by the European Policy Centre on the Common Basic Principles on Integration, as adopted by the EU Justice and Home Affairs Ministers
2001: he led a NGO delegation to the UN World Conference Against Racism in Durban which resulted in the successful introduction into the 2001 UN Durban Declaration of a clause to promote cultural diversity and protect groups whose identities are drawn from multiple factors. He has regularly given seminars and training in his related areas.

In the mid 1990s he was heavily involved in setting up the Discrimination Law Association.

In the 1980s he was very active in the Society of Black Lawyers and involved in a number of initiatives to counter race discrimination in the legal profession.

He has given seminars in his various areas of practice, appeared before UN human rights committees, carried out fact finding missions abroad (e.g. to the West Bank to assess the operation of alternative legal systems of communities under occupation) and attended many UN conferences and worked closely with other NGOs on diversity issues. He continues to be involved in various human rights organisations on a pro bono basis.

  • Founder and Editor of Immigration and Nationality Law Reports
  • Various articles?
QUALIFICATIONS

Approved for direct public access

MEMBERSHIPS

Administrative Law Bar Association
European Bar Association
Discrimination Law Association

APPOINTMENTS

2012: appointed Honorary Professor at University of Birmingham

2000: appointed Queen’s Counsel

1997: appointed by the Attorney-General under s.6 of the Special Immigration Appeals Commission Act 1997 as one of the very first Special Advocates authorised to represent the interests of appellants before the Commission (National Security cases).

1992: appointed by the Attorney-General as Junior Counsel to the Crown in Common Law matters.

RECOMMENDATIONS

‘Very experienced and knowledgeable.’
Legal 500, 2015

'A powerful advocate' and 'He has compendious knowledge of the area, and enthusiasm for new points of law.'
Legal 500 2014

Manjit Gill QC is a high-profile presence here, admired by sources for his "ability to inspire confidence and command respect".
Chambers & Partners 2009

NOTABLE CASES

Miller v Secretary of State for Exiting the EU, 2017, Supreme Court, the Brexit Article 50 case

MA (Pakistan) [2016] 1 WLR 5093, expulsion of children residing in UK for 7 years

Pamma extradition case 2016, advising on successful strategy resisting extradition of Sikh refugee from Portugal to India

Kiairie and Byndloss, 2016, out-of-country human rights appeals

MM (Lebanon) February 2016, Supreme Court, minimum financial requirements for admission of foreign partners to the UK, Art 8 ECHR.

R (Bibi) v SSHD [2015] Supreme Court,  English language test for admission of foreign partners to the UK

AP India [2015] EWCA Civ 89, historic injustices to families of East African Asians 

AA (Somalia) [2014] 1 WLR 43, Supreme Court: family reunion for children of refugee families, Islamic or customary adoptions, especially in a failed state

A (Children) [2014] 1 AC 1, Supreme Court: nationality as a basis for jurisdiction in international child abduction cases

Powierza v District Court, Warsaw, Poland [2013] EWHC 36 (Admin): conviction by assessors in Poland, lack of independent tribunal, meaning of court under Extradition Act 2003, s2; Art 6 ECHR

Stopyrah v Poland; Debreceni v Hungary [2013] 1 All ER 187: structural failings in progressing of extradition appeals; legality of means-testing and funding regime in magistrates courts

HH v Italy [2012] 3 WLR 90 Supreme Court: best interests of children in extradition cases

R (McAuley) v Conventry Crown Court and Crown Prosecution Service [2012] 1 WLR 2766: extension of custody time limits and lack of resources, damages for unlawful detention

Secretary of State v SP (North Korea) [2012] EWCA Civ 114: nationality laws relating to North Korea and South Korea, whether North Koreans who had left Korea would be treated as persons who had lost their South Korean nationality

DS (Afghanistan) [2011] EWCA civ 305: duty to unaccompanied children to trace their parents abroad before returning them and checking on reception facilities abroad; duties under EU law and UN Convention on the Rights of the Child 1989; explanation of how the best interests of children are to be considered by decision-makers.

ZH (Tanzania) [2011] 2 WLR 148: Landmark Supreme Court ruling on best interests of the child; Art 3 UN Convention on the Rights of the Child 1989.

O’Donoghue v UK [14 Dec 2010] European Court of Human Rights rules the government’s scheme to control the rights of foreigners to marry contravenes human rights.

Joan Ryan MP v. Major Gen Chagi Gallage [Dec 2010] arrest warrant application for international war crimes committed by Sri Lankan army; intended target was part of the President’s party, the President being in the UK to give a speech at the Oxford Union which was cancelled due to public protests and police concerns as to public order; intended target and all of the President’s entourage fled the jurisdiction a few hours before the application to the court was made.

ZN v Secretary of State [2010] UKSC 21 (Supreme Court) – test for family reunion of refugees following acquisition of British citizenship.

Moulai v France [2009] 1 WLR 276 (House of Lords), successful extradition appeal in on construction of Extradition Act 2003.

QJ v Secretary of State – [2009] SIAC – construction of international agreements between UK an Algeria on return of offenders – return of suspected international terrorist to countries where torture is suspected.

Bigia v ECO Mumbai [2009] EWCA Civ 79: Ruling on effect of European Court of Justice’s decision in Metock (C-127/08) (2009) QB 318 on domestic law on the rights of "other family members" of a "Union citizen" falling within Directive 2004/38 art.3.2(a).

Secretary of State v TB (Jamaica) (2008) EWCA Civ 977: compatibility of domestic laws with Refugee Convention.

R(Baiai, Trczinska, Bigoku, Agolli & Tilki) v SSHD [2008] 3 WLR 549, House of Lords - successful challenge to laws on ‘sham’ marriages requiring foreigners to get the Home Secretary’s permission before marrying in the UK; breach of art 12 and 14 of the ECHR.

JJ v Secretary of State [2008] 1 AC 385 (HL): indefinite house arrest without a criminal trial. First case on control orders to reach House of Lords. Successful challenge under Prevention of Terrorism Act 2005.

H,G and M v Secretary of State (2008) 1 AC 678 (HL): Court of Appeal holds that non Arab Darfuris cannot be safely relocated to Khartoum; overturned by House of Lords.

AG (Eritrea) [2007] EWCA Civ 801 (Court of Appeal): the leading case on threshold levels for engagement of the right to family life art 8(1) ECHR.

NH (India) [2007] EWCA civ 1330: Court of Appeal rules that art 8 ECHR protects rights of families of East Africans Asians excluded from UK under racially discriminatory legislation in 1968. An important case which finally found a way of providing some rectification for the historical wrong perpetrated on a class of British nationals of Asian origin.

AA (Afghanistan) v Secretary of State [2007] EWCA Civ 12: on definition of unaccompanied asylum seeking children.

W and X (China) v Secretary of State [2006] All ER (D) 97 (Nov); [2006] EWCA Civ 1494: EU law – right of free movement derived from child’s right of residence under art 18 EC Treaty; effect of illegal employment.

Januzi v Secretary of State; Hamid v Secretary of State [2006] 2 AC 426 (House of Lords): Darfur – racial persecution of minority by its own state – concept of state protection and internal relocation – protection of internally displaced persons.

Abu Hamza v Secretary of State 2005 (SIAC) – deprivation of British nationality on grounds of alleged terrorist-related activity.

Hoxha and B v Secretary of State (2005) 1 WLR 1063 (House of Lords): scope of art 1C(5) of th UN Refugee Convention 1951 – victims of atrocious past persecution – the first case in the higher courts drawing attention to the use of rape as a weapon of war and the special position of women refugees in international law.

R (Carson and Reynolds) v. Secretary of State for Works and Pensions (2005) 2 WLR 1369 (House of Lords): age discrimination in social security rates paid to under 25 year olds compared to over 25 year olds; right to property, art 1 of Protocol 1 of ECHR, arts 8 and 14.

A,X,Y v. Secretary of State (2005) 2 AC 68, House of Lords: the ‘Belmarsh’ case on the indefinite detention without trial of suspected terrorists; discriminatory denial to foreign nationals of the right to liberty.

A v. Secretary of State (2005) 1 WLR 414 (CA): whether Secretary of State could rely on evidence obtained by torture abroad.

P and M v Secretary of State [2004] EWCA Civ 1640: female genital mutilation – domestic violence - persecution on grounds of gender in Kenya. An important milestone in the development of women as a ‘particular social group’.

Ullah and Do v. Secretary of State (2004) 2 AC 323 (House of Lords): the first and still the leading case on the extra-territorial application of ECHR rights. It is regularly cited in all fields.

Krotov’s case (2004) 1 WLR 1825 (CA): law of internal armed conflict – norms of basic rules of human conduct in international law – atrocities in Chechnya – conscientious objection to military service. Case led to objections from the Russian authorities to the UK government and excited international academic comment.

R v Galfetti, [2002] EWCA Crim 1916 (CA) raising important arguments about the compatibility of the sentencing regime for mentally disordered individuals with the Human Rights Act 1998.

R v. Secretary of State ex p Manjit Kaur [2001] All ER (EC) 308 European Court of Justice: meaning of EU citizenship; This case considered the effect in international law of the UK’s Declarations on Nationality.

R v Secretary of State for the Home Department, ex parte Gashi [1999] Imm AR 415 (CA): test case which prevented the removal of all Kosovan refugees to Germany due to differences in interpretations of the Refugee Convention in different states.

R v. Secretary of State ex p Adan, Subaskaran, Aitseguer [1999] 3 WLR 1274 (CA): differences in international treaty interpretation amongst various European states.

R v. Secretary of State for Foreign and Commonwealth Affairs ex p Butt [1999] 116 International Law Rep 607 (CA): review of prerogative powers – protection of British Muslims detained in Yemen on terrorist charges – unfair criminal trial abroad – Crown’s common law obligations to provide protection to its citizens abroad – legitimate expectation of assistance. This case was a precursor of the further arguments in later cases on the protection of British nationals in Guantanamo Bay.