Benjamin Hawkin

Linked cases concerning interpretation and effect of section 3C of Immigration Act 1971 – in particular where application for variation of existing leave is refused by decision of Secretary of State – and subsequently there is out of time appeal for which extension of time is granted – or Secretary of State withdraws and/ or reconsiders decision – whether section 3C leave is revived.

Represented Italian national convicted of ritualistic murders in UK and Italy in deportation appeal – should transfer request under European Council Framework Decision 2008/909/JHA on mutual recognition of judgments in criminal matters imposing custodial sentences, be made prior to deportation order – whether long-term prisoner can be “a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society” under Article 27(2) of Citizens’ Directive.

Highly unusual case in which Secretary of State notified Appellant whilst serving prison sentence that she would not deport him, as she accepted he was British citizen – five years later she made deportation order, now stating she did not accept he was British citizen – First-tier Tribunal allowed appeal accepting Appellant was naturalised – Upper Tribunal overturned First-tier Tribunal’s decision and dismissed appeal as it did not accept he was British citizen, or that deportation would breach Article 8 of ECHR – Court of Appeal granted Appellant permission to appeal and to adduce fresh evidence – at full appeal Secretary of State also adduced fresh evidence – Court of Appeal ultimately decided Upper Tribunal was wrong to overturn First-tier Tribunal as its conclusions were open to it – First-tier Tribunal’s decision restored, and Secretary of State’s application for permission to appeal to Supreme Court refused.

Paragraph 297 of Immigration Rules – construction of paragraph 27 – effect of section 55 of Borders, Citizenship and Immigration Act 2009 – whether Entry Clearance Officer’s failure to consider Article 8 of ECHR was breach of policy guidance – whether obligation upon First-tier Tribunal to consider Article 8 if not raised by Appellant.

Appellants lost both parents in civil war – applied to join grandmother in UK – refused by Entry Clearance Officer under paragraph 297 of Immigration Rules – appeals dismissed by First-tier and Upper Tribunals – nature and extent of positive obligation under Article 8 of ECHR – right of children to be heard in own cause – whether orphanhood is status carrying particular legal rights.

Detention under Immigration Act 1971 – Claimant separated from wife and children for 26 months – whether failure to consult Office of Children’s Champion or to consider children’s best interests made detention unlawful – whether nominal or substantial damages should be awarded.

Judicial review of Ombudsman’s decision that financial advice on risks of pension drawdown scheme had been misleading – represented Claimant pro bono after he suffered stroke and became unable to represent himself – scope of deference to be shown to Ombudsman in light of particular expertise.

Led by Manjit Gill QC – Secretary of State proposed to remove failed asylum seeker with “appalling” immigration history – her two daughters were British citizens – Supreme Court gave landmark decision holding that children’s best interests are primary consideration in such appeals, that British citizenship has intrinsic importance that should not be underplayed, and that views of children must be ascertained and taken into account.

Appeal against decision to remove on basis of deception – out of country right of appeal, but heard by Tribunal in country, and allowed – whether Secretary of State permitted to raise jurisdictional point on reconsideration – whether Secretary of State’s original decision taken in definance of “basic standards of fairness and morality”.