Ahmed Mahad and others v ECO UKSC 16
2009
Where the Supreme Court held that third party support was permitted in cases when sponsoring a family member to enter the UK.
Danny Bazini is head of the Immigration group, and is also part of the International group at No5.
Danny has specialised in all areas of Immigration, Asylum, Human Rights, EU Free Movement and Nationality Law since 1992. He appears in the Asylum and Immigration Tribunal, High Courts, Court of Appeal and Supreme Court. Judicial review work is a strong part of his practice.
Danny is experienced in Public and Administrative Law generally and has undertaken work in the fields of mental health, education, extradition, prison and regulatory law – in particular where there is an immigration slant.
In the past Danny has worked, volunteered and acted as a trainer for the Immigration Advisory Service and provides training and seminars to solicitors, law centres and community groups.
Danny is ranked as a leading junior in Immigration and Nationality Law in both the Legal 500 and Chambers and Partners.
Danny has advised and represented clients across the board, in terms of business immigration work.
His experience goes back over 20 years and so covers the old work permit regime and the new points based system. He has undertaken both advisory and appeal work – at the Tribunal and in the High Courts.
He has undertaken cases for a variety of employers and their migrant workers.
Cases include a judicial review of the SSHD’s decision to revoke an Employers Tier 2 licence (a chain of petrol stations) which would have meant no more foreign employees could have been taken on and further obtained an injunction preventing the SSHD from effectively removing a number of employees and allowing them to continue working for the business. The day before the High Court hearing the SSHD caved in restoring the firms licence and affirming the employees status to remain in the UK.
Danny has also acted for computer software firms and recruitment consultants with worldwide offices.
He has represented a number of businesses in the catering industry and their migrant workers.
In a case before Collins J the Defendant had to effectively cave in half way through the hearing and restore all 5 chefs (from a chain of restaurants) leave to remain having revoked their status on the basis that their employees had breached their licence since it was claimed that the restaurants were operating a take away service contrary to the Tier 2 Guidance.
He has also conducted successfully a number of judicial review matters in the health sector for Doctors Surgeries and Care Homes who have had their licences suspended or revoked.
He has also conducted numerous challenges in respect of the correct classification of SOC codes.
Danny has assisted clients throughout the whole process by advising in relation to the early stages of the requirements for licenses and responding to threats of suspension or revocation and so avoiding such financially damaging consequences.
Danny has also been instructed on a regular basis by leading city solicitors and conducted numerous college cases for them under Tier 4 allowing colleges to continue teaching foreign students etc
Injunctive relief has also been sought and obtained to allow migrant workers and their employers retain their licences and permission to work whilst their cases are being considered by the Courts.
Danny has also advised and defended employers in respect of fines levied by the SSHD for the alleged employment of illegal workers
He has advised and represented across all tiers of the PBS system and has delivered seminars on the points based system.
2009
Where the Supreme Court held that third party support was permitted in cases when sponsoring a family member to enter the UK.
2009
Whether temporary admission is unlawful in circumstances where it cannot be said that there is some prospect of the individual is not removable.
2009
Where the Court of Appeal considered the failure of the SSHD (when making his decision to deport) to consider a sentencing judges decision not to recommend deportation.
2009
Where the Court of Appeal considered whether breaks in continuity of residence under the long residence rule should be considered under the existing rule or the policy in existence at the time of the break.
2009
The Court of Appeal set out the approach to be taken in respect of the appointment of Special Advocates in cases where the SSHD refuses to grant British Citizenship and is not willing to disclose the reasons/material on which the decision is based.
2009
Court of Appeal considered whether the AIT had jurisdiction to entertain an appeal where the decision notice did not specify the country of removal.
2008
Whether the failure to grant ILR on the basis of Iraqi policy lawful since the criminal offence committed would not have occurred if not for the SSHD’s unlawful conduct (permission granted to Court of Appeal – SSHD conceded just before hearing granting ILR).
2007
Whether third party support permissible under para 297(v) of the immigration rules.
2007
The lawfulness of changes in the immigration rules concerning work permit holders.
2007
The lawfulness of the IAT’s decision to overturn positive credibility findings of an Adjudicator.
2007
Lawfulness of AIT’s decision to overturn Art 8 findings of Adjudicator.
Removal; Qualifying child; Policy; Article 8.
Relocation to KRG; CSID documentation; Relevant factors
Country guidance; Functus officio; Jurisdiction; Right of Appeal.
Children; Entry clearance; Policy; Maintenance, Minimum income; Article 8; Spouse.
Sponsor licences;, GP’s practice; Revocation; Reasonableness; SOC codes.
Sponsor licences; Records; Reasonableness.
Tier 2; Indefinite Leave to Remain; Policy Guidance
Further education colleges; Students; Administrative Decisions; Admissions; Policy.
Danny practices the following areas:
Danny has specialized in all areas of Immigration, Asylum, Human Rights, EU Free Movement and Nationality Law since 1992. He appears in the Asylum and Immigration Tribunal, High Courts, Court of Appeal and Supreme Court. Judicial review work is a strong part of his practice.
Danny is experienced in Public and Administrative Law generally and has undertaken work in the fields of mental health, education, extradition, prison and regulatory law – in particular where there is an immigration slant.
In the past Danny has worked, volunteered and acted as a trainer for the Immigration Advisory Service and provides training and seminars to solicitors, law centres and community groups.
Danny is ranked as a leading junior in Immigration and Nationality Law in both the Legal 500 and Chambers and Partners.
2009
Where the Supreme Court held that third party support was permitted in cases when sponsoring a family member to enter the UK.
2009
Whether temporary admission is unlawful in circumstances where it cannot be said that there is some prospect of the individual is not removable.
2009
Whether temporary admission is unlawful in circumstances where it cannot be said that there is some prospect of the individual is not removable.
2009
Where the Court of Appeal considered the failure of the SSHD (when making his decision to deport) to consider a sentencing judges decision not to recommend deportation.
2009
Where the Court of Appeal considered whether breaks in continuity of residence under the long residence rule should be considered under the existing rule or the policy in existence at the time of the break.
2009
The Court of Appeal set out the approach to be taken in respect of the appointment of Special Advocates in cases where the SSHD refuses to grant British Citizenship and is not willing to disclose the reasons/material on which the decision is based.
2009
Court of Appeal considered whether the AIT had jurisdiction to entertain an appeal where the decision notice did not specify the country of removal.
2008
Whether the failure to grant ILR on the basis of Iraqi policy lawful since the criminal offence committed would not have occurred if not for the SSHD’s unlawful conduct (permission granted to Court of Appeal – SSHD conceded just before hearing granting ILR).
2007
Whether third party support permissible under para 297(v) of the immigration rules.
2007
The lawfulness of changes in the immigration rules concerning work permit holders.
2007
The lawfulness of the IAT’s decision to overturn positive credibility findings of an Adjudicator.
2007
Lawfulness of AIT’s decision to overturn Art 8 findings of Adjudicator
Uncategorised
Factual and procedural background The linked appeals concern an elderly father, mother and their adult daughter, who are all nationals of Afghanistan. Following the takeover…
Uncategorised
No notional ‘any child’ comparator in deportation cases – Supreme Court upholds Court of Appeal’s judgment in HA (Iraq) In its judgment handed down today…
"An extremely helpful barrister."
Ranked in Tier 3
"He is experienced and know his way around tribunals; he gets good results for the client." "Extremely talented and thorough, with real attention to detail."
"Danny has a stellar legal brain, has the tactical intuition of a street-fighter, and his advocacy redefines fearlessness."
"His knowledge and experience is fantastic and his advocacy is amazing - he will keep fighting until the end. He comes up with ingenious arguments to move the law forward." "A cracking barrister - incredibly personable with clients, counsel and opponents."
"A very experienced practitioner with an excellent track record in winning cases."
"A bit of an unsung hero, clients love him. He’s very tenacious and very creative." "His knowledge is comprehensive, his intellect is rapier-like, and he is dogged in his presentation of appeals."
"He has grit and determination to win and is highly effective at winning difficult cases."
Uncategorised
Factual and procedural background The linked appeals concern an elderly father, mother and their adult daughter, who are all nationals of Afghanistan. Following the takeover…
Uncategorised
No notional ‘any child’ comparator in deportation cases – Supreme Court upholds Court of Appeal’s judgment in HA (Iraq) In its judgment handed down today…
