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Barrister - ramby de mello

Senior Practice Manager
Abdul Hafeez

Practice Group Clerks
Mark Byrne
Lucas Bennett
Gavin John

Chief Executive & Director of Clerking
Tony McDaid

Tel: +44 (0) 845 210 5555
Fax: +44 (0) 121 606 1501
[email protected]

 

Ramby de Mello - Immigration

Ramby is a specialist barrister in judicial review and public law. He has many high profile reported cases and has appeared in the High Court, Court of Appeal, House of Lords (Supreme Court) and the European Court of Justice.

In addition he is an acknowledged expert in human rights (including being a general editor of Human Rights Act 1998 Practical Guide’ –published by Jordans) European Union law particularly in relation to anti-discrimination law, administrative law, public procurement, freedom of establishment, services and movement (including social security, immigration, crime, customs and excise) Nationality and immigration law (including national security and terrorism law) .

His specialism includes child support law, social services, civil liberties, individual rights, civil actions against the state, extradition, education, prison and discrimination law.

Ramby frequently undertakes pro bono work and was Times Lawyer of the Week for representing a Hindu wishing to undertake an open air funeral pyre in the UK.

Articles:-
Consultant editor of INLR (Jordan)
 


QUALIFICATIONS

BA, MA, LLB, LLM

RECOMMENDATIONS

'Brilliant'
Legal 500, 2015

A true expert in the rights and freedoms conferred on individuals, especially migrants, through the ECHR. He has developed strong advocacy skills and has acted for his clients in the Supreme Court, the ECJ, and the Grand Chamber of the ECHR.
 "He is a creative lawyer with a certain presence about him; a very experienced practitioner."
Chambers UK 2015

De Mello, Rambert









'Regularly involved in test cases involving human rights.'
Legal 500 2014 

"He is a good advocate with a very broad knowledge of immigration law and procedure."
Chambers UK 2014

Ramby De Mello is 'highly regarded'
Legal500 2013

Sources "think very highly of" Rambert De Mello, an accomplished immigration practitioner who is frequently instructed in the higher courts and tribunal system.
Chambers UK 2013

''Ramby de Mello’s ‘innovative way of thinking’ makes him ‘a must’ for complex legal issues''
Legal 500 2012

...commended for his "meticulous and imaginative approach."
Chambers UK 2011

...another established immigration practitioner...peers were full of praise for the "imaginative way in which he constructs his arguments".
Chambers UK 2010

..."admired in this field".
Legal500 2009


NOTABLE CASES

Some of his cases include the following:-

SM (Algeria) v Entry Clearance Officer, UK Visa Section  [2018] UKSC 9
https://www.supremecourt.uk/cases/docs/uksc-2015-0243-judgment.pdf

R(AHK)-v-SSHD [2009] EWCA Civ 287 [2009] 1 WLR 2049
The court set out the principles to be adopted in determining whether a special advocate should be appointed to represent an applicant seeking judicial review of a refusal of his application for British citizenship, where the refusal was on the ground that the applicant had not demonstrated good character and where the Home Secretary was not willing to disclose; ) Ex parte Scullion (state liability for non-transposition of EC Directives in social security law);

SSHD-v-Ex parte Wolke (HL) [1997] 1 WLR 1640 (EC law and Social security);

P-v-S C13/94 [1996] ICR 795 ECJ; (transsexual and Sex Discrimination) (this case changed domestic law to protect transsexuals against discrimination in the work place);

Ocezlik [2009] EWCA Civ 260 
The time taken to process an application of a Turkish immigrant for indefinite leave to remain in the United Kingdom did not count towards the one-year period of legal employment that would entitle him to remain in the UK under the EC;

Bigia [2009] EWCA Civ 79
The court ruled on the extent to which the decision of the European Court of Justice in Metock v Minister for Justice, Equality and Law Reform (C-127/08) (2009) All ER (EC) 40 had affected domestic law on the rights of persons falling within Directive 2004/38 art.3.2(a), namely "other family members" of a "Union citizen";

Manjit Kaur ECJ (whether British Overseas nationals are EU citizens);

R(Tofik)-v-IAT[2003] EWCA Civ 1138 [2003] INLR 623 (duty of tribunal to give reasons for refusing extension of time;

BI (PAKISTAN) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2009)-[2009] EWCA Civ 834
When considering whether the removal of a person, who claimed that she was dependent on a daughter and her family in the UK because of her ill health, breached her right to a family life under the European Convention on Human Rights 1950 art.8, the AIT failed to have proper regard to the positive duty on contracting states to show respect for family life and failed to appreciate that a person's family was the group on which many people most heavily depended socially, emotionally and financially;

Lim-v-SSHD [2008] INLR 60 [2007] EWCA Civ 773
All questions arising under theA Immigration and Asylum Act 1999 s.10 were to be regarded as appealable and reviewable and the use of judicial review had to be calibrated to the nature of the issues through the exercise of judicial discretion to the nature of the issue or issues;

R. v Secretary of State for the Home Department Ex p. Khawaja [1984] A.C. 74 and the Nationality, Immigration and Asylum Act 2002 s.82 could be respected. CA (Civ Div) (Sir Mark Potter (President Fam), Sedley LJ, Wilson LJ) 25/7/2007;

YD-v-Turkey [2006] 1 WLR 1646 the Court of Appeal has an inherent jurisdiction to order the Home Secretary to refrain from removing an applicant whilst his out of time appeal is pending with the court;

Raghbir Singh-v-SSHD [1996]Imm AR 507 (deportation on grounds of national security);

SN-V-SSHD [2005] EWCA Civ 1683 [2006] INLR 273 (removal of an HIV/AIDS sufferer receiving treatment in the UK which would not be available in the destination country).