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Background

Manjit S Gill KC

Call: 1982 | Silk: 2000

Ranked as a leading silk in Admin Law and Human Rights.

Legal 500 2023 - Admin Law and Human Rights

"A passionate silk. His knowledge of the law in this area is second to none, he is creative with his arguments, always thinking outside the box. His attention to detail is amazing, there is not a stone that is left unturned.""

Legal 500 2023 - Immigration

"Manjit is my leader of choice, he has impressive knowledge and is totally on top of everything." "Has the ability to assimilate complicated and voluminous information quickly, but is able to build a good rapport with clients."

Chambers UK 2022 - Immigration

"His attention to detail is second to none. He is able to grasp the most minute detail of the matter at hand and expand that before the Court or Tribunal in an accessible way."

Legal 500 2022 - Immigration

"Ranked as a leading silk in Civil Liberties and Human Rights."

Legal 500 2022 - Civil Liberties and Human Rights

Manjit S Gill KC specialises in Business & Property, Employment, Immigration, International and Public Law matters.

Expertise

Business & Property

Manjit Gill KC is a member of the Business and Property Group.

Commercial Litigation

Manjit undertakes general commercial litigation and both commercial and investment arbitration. He has assisted Indian, middle-Eastern and African businesses on matters such as: commercial activities in the UK, the effect of bilateral investment treaties, investor-State disputes, assets recovery, property disputes. He has represented client companies in the catering and hospitality sector as well as in other sectors in commercial judicial reviews, often devising novel arguments as to the human rights of corporations to property and possessions, and often in relation to regulatory regimes.

He has also advised companies on free movement of persons and services and rights of establishment, the large-scale movement of labour across and into Europe, abuse of EC law rights, and the immigration and employment issues relating to the movement of sportsmen and women.

He has also represented high profile individuals in relation to action being taken against them for commercial fraud and related crime, and advised governments on such action, often involving a mix of commercial fraud, extradition and immigration contexts.

He brings to his commercial work a strong human rights and international law approach and is approached specifically because he is able to adopt a multi-disciplinary approach.

He advises on privacy and media issues especially where they raise human rights issues. He has represented middle-Eastern royalty in contempt proceedings and other types of proceedings.

He is approved for direct public access.

Speeches and Seminars

Manjit Gill KC has spoken regularly at national and international conferences. For example,

  • 2014:Chaired conference at Birmingham City University on human rights in Sudan
  • 2014: Chaired Conference on judicial review, Public Law Project
  • 2013: Speech at International Council of Jurists Conference
  • 2012: Special commendation at the England and Wales Bar Conference, London, for pro bono work
  • 2011: Speech at Conference on Best Interests of the Child
  • 2011: Two speeches at the International Council of Jurists Conference, London, on (1) Social Responsibility of Corporations and Human Rights and (2) Responses in International Law to Terrorism
  • 2009: Speaker at the England and Wales Bar Conference, London, on equality and diversity implications of public funding cuts in family law (Also advised Family Law Bar Association on legal challenges to public funding cuts)
  • 2008: Speech at the England and Wales Bar Conference on impact of Sharia law and its use in arbitration systems
  • 2005: Speech to the Indian Supreme Court Bar Association
  • 2004: Speaker at Brussels conference, European Policy Centre, on EU Common Basic Principles on Integration
  • 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.

He has given seminars and training sessions 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. Some minor radio appearances, including an in-depth interview by Julia Neuberger, Parting Gifts, Radio 4, on Religion and Justice.

Employment

Manjit has extensive experience in employment law and has appeared at all levels from Employment Tribunals to the House of Lords as well as advised on the full range of employment related issues. For example, he appeared in HSBC Bank v. Madden, Post Office v. Foley [2001] 1 All ER 550 (Court of Appeal), the leading English authority on the test of unreasonableness in dismissal cases and Sidhu v Aerospace Composite Technology [2001] ICR 167 (Court of Appeal and HL) which concerned dismissal for acts ‘in the course of employment’ and discrimination. He has been instructed by government departments, trade unions, law centres, voluntary groups and the Commission for Racial Equality (when it existed). He has also represented the Certification Officer for Trade Unions in relation to trade union merger and has been instructed by the Equality and Human Rights Commission. In one case, he represented a group of about 100 workers in a large scale race discrimination and redundancy case which was successfully settled. He is particularly experienced in equality and discrimination matters. See also the Discrimination cases in his Human Rights Law and Public Law case-lists.

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

  • 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. He is a member of the Bar Council’s Immigration Practitioners Accreditation Board and has previously assisted the Bar Council’s Committee dealing with direct access to the Bar.

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 and training sessions 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. Contributor to Jackson and Warr’s Immigration Law and Practice. Various articles.

Approved for direct public access.

Called to the Northern Ireland Bar to conduct designated cases.

Notable Employment Cases


HSBC Bank v. Madden; Post Office v. Foley [2001] 1 All ER 550 (Court of Appeal),

Sidhu v Aerospace Composite Technology [2001] ICR 167 (Court of Appeal and HL)

Immigration, Asylum & Nationality

Manjit Gill KC is one of the foremost immigration practitioners in the UK. He has argued some of the most highly publicized and ground-breaking constitutional, public law, human rights, and international law cases of the last 20 years with regular appearances in the House of Lords and Supreme Court. He is particularly known for many landmark cases in human rights and immigration law, often involving public and private international law and international crime. He has advised on all aspects of immigration including business, family, EU law and human rights related matters in other jurisdictions. He has advised corporations on the large scale movement of labour across different jurisdictions. He has also conducted Court of Justice and European Court of Human Rights cases.

Practice Areas: Public Law, Public and Private International Law, Human Rights, Terrorism, Immigration, Asylum and Nationality, EU law, Extradition and International Crime, Prison law, Privacy and Media, Local Government (Community Care, Education, Housing, Public Procurement, Social Services) and Court of Protection, Commercial, including Arbitration, Discrimination, Employment, Property, Regulatory.

See also his International law and Human Rights CV.

Speeches and Seminars
Manjit Gill KC has spoken regularly at national and international conferences. For example:

  • 2019-2014: Manjit chaired various roundtable discussions involving stakeholders, including NGOs and governmental representatives in children’s rights, and presented keynote addresses, sometimes in conjunction with the Strategic Legal Fund and ILPA. He also gave evidence before a select committee on immigration.
  • 2014: chaired Sudanese human rights conference Birmingham City University, chaired conference on judicial review Public Law Project London.
  • 2013: speech at International Council of Jurists conference.
  • 2012: special commendation for pro bono work at Bar Conference.
  • 2011: speech at conference on best interests of the child, two speeches at International Council of Jurists conference on social responsibility of corporations and human rights and responses in international law to terrorism.
  • 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 was on the Bar Council from 2011 to 2018, and a former member of the Bar Council’s Immigration Practitioners Accreditation Board, and initiative on direct access to the Bar. In the 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 appeared before UN human rights committees, carried out fact finding missions abroad and attended many UN conferences and worked closely with other NGOs on diversity issues.

Founder and Editor of Immigration and Nationality Law Reports (since 1996). Former contributor to Jackson and Warr’s Immigration Law and Practice. He has published various articles. Contributor to Supreme Court Yearbook 2019.

Approved for direct public access.

Business Immigration

Manjit is one of the leading immigration and human rights Kings’s Counsel in the United Kingdom. He has conducted many of the landmark cases in immigration law and appeared regularly in courts at the highest level, often with ground breaking arguments. He is regarded as a leading practitioner by all the main barristers’ directories.

He has assisted corporations, embassies, community organisations and individuals on issues relating to the migration of workers, the large scale movement of labour across different jurisdictions, the free movement rights of labour and services and rights of establishment across Europe, and related issues of the use and abuse of EU law rights (e.g. Low and others v Secretary of State [2009] 2 CMLR 22, [2009] EWHC 35 (Admin) Chinese chefs).

He also regularly conducts judicial reviews in the High Court for restaurants, hotels and the catering and hospitality sector as well other categories of employers, on migration issues relating to workers.

Manjit did the leading case in the Supreme Court on sponsor licences, New London College v Secretary of State [2013] 1 WLR 2358 relating to sponsor licences for educational institutions (the law also applies to employers).

He has conducted several tribunal level cases involving applicants under Tier 1 and Tier 2 and advised many such individuals and employers on strategy including giving advice even before visa applications are made to ensure they are well put together. Names of clients cannot be disclosed for reasons of confidentiality.

Most recently, he has advised members of royal families from the middle-East on various immigration and related business and extradition issues, including one case in which he was one of 3 silks and 5 juniors instructed who worked as a team for a particularly important client. He has also acted in judicial review proceedings for a chain of international hotels in securing the return of its Tier 2 sponsor licence, which had been revoked, and thereby enabled it to retain its non-EEA staff which it was under threat of losing completely. He also recently obtained an injunction for a different chain of Indian restaurants which had had its sponsor licence revoked for alleged breach of its Intra Company Transfer Sponsor Licence and successfully concluded the judicial review in the High Court. He recently represented the family of an Israeli hedge fund manager in their collective immigration issues. He also represented the generic position of EEA nationals, including workers, in the Miller/Brexit case in the Supreme Court. He has also advised and represented employers faced with penalties for hiring migrants who have no permission to work, under s15 Immigration, Asylum and Nationality Act 2006.

Notable Immigration, Asylum & Nationality Cases


Begum v ECO Dhaka [2019] EWHC 2196 (admin)

Successfully overturned refusal to grant certificate of entitlement to right of abode


SM (Algeria) Court of Justice

Secretary of State v JG (Jamaica) [2019] EWCA Civ 982

Successfully appealed tribunal’s decision on effect of deportation on children.


AM (Somalia) [2019] EWCA Civ 774

Meaning of integration in UK, in relation to deportation of foreign criminal.


AM (Iran) [2018] EWCA Civ 2706

Obligation of tribunal to refer to CG cases in asylum appeal.


KO (Nigeria) [2018] UKSC 53

Meaning of unduly harsh impacts on a child of deportation of foreign criminal, successfully established the correct approach to the test of reasonableness of expecting a child to leave the UK


MI (Palestine) [2018] EWCA Civ 1782

Successfully appealed tribunal’s decision on returning asylum seeker to Gaza


Macastena [2018] EWCA civ 1558

Deportation under EU; acquisition of permanent right of residence


QR (Pakistan) [2018] EWCA Civ 1413

Principles for return on interim basis of wrongly removed foreign criminal


Barry [2018] EWCA Civ 790

Successful application of principles in Hesham Ali to deportation


Kiarie and Byndloss [2017] UKSC 42

Quashed governmental policy on interim expulsion of foreign criminals, prior to their appeals


MM (Lebanon) [2017] UKSC 10

Successfully overturned Court of Appeal decision on minimum income requirements foreign spouses


Gina Miller and others (No 1), The Brexit Case [2017] UKSC

Successfully represented EEA nationals before Supreme Court and High Court


AP (India) [2015] UKSC 89

Successful challenge to denial of right of entry to adult child of East African Asians BOCs


Ali and Bibi [2015] UKSC 68

Legality of English language tests for foreign spouses


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.


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.


R (CMX and Others) v Legal Services Commission

Secretary Of State For Justice, The Lord Chancellor and Secretary Of State For The Home Department, Refugee And Migrant Justice (In Administration), The Children’s Commissioner For England (intervener) – May 2010 – on the protection of vulnerable migrants following closure of RMJ due to public funding cuts.


ZN v Secretary of State [2010] UKSC 21 (Supreme Court)

Test for family reunion of refugees following acquisition of British citizenship.


Mahad v ECO [2010] 1 WLR 48 (Supreme Court)

The Supreme Court overturns long line of cases precluding third party support.


QJ v Secretary of State [2009] UKSIAC 84/2009

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).


AS (Somalia) v ECO(Addis Ababa) ([2009] 1 WLR 1385 House of Lords

On the date at which human rights issues to be considered in entry clearance appeals.


EN (Serbia) v Secretary of State [2009] EWCA Civ 630 Court of Appeal

Quashed the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004.


Secretary of State v NT and FT and others [2009] 1 WLR 2049

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.


NB (Guinea) [2008] EWCA Civ 1229

On the vires of procedural rules, procedural irregularities.


Secretary of State v TB (Jamaica) (2008) EWCA Civ 977

Considering arguments similar to abuse of process and Johnson v Gorewood in an immigration context, Secretary of State’s failure to advance argument that asylum seeker was a serious criminal of s.72 Nationality Immigration and Asylum Act 2002 meant it was unlawful to subsequently raise it.


R(Baiai, Trczinska, Bigoku, Agolli and 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


International

Manjit practices the following areas:

International Arbitration & Trade

Manjit undertakes general commercial litigation and both commercial and investment arbitration. He has assisted Indian, middle-Eastern and African businesses on matters such as: commercial activities in the UK, the effect of bilateral investment treaties, investor-State disputes, assets recovery, property disputes. He has represented client companies in the catering and hospitality sector as well as in other sectors in commercial judicial reviews, often devising novel arguments as to the human rights of corporations to property and possessions, and often in relation to regulatory regimes.

He has also advised companies on free movement of persons and services and rights of establishment, the large-scale movement of labour across and into Europe, abuse of EC law rights, and the immigration and employment issues relating to the movement of sportsmen and women.

He has also represented high profile individuals in relation to action being taken against them for commercial fraud and related crime, and advised governments on such action, often involving a mix of commercial fraud, extradition and immigration contexts.

He brings to his commercial work a strong human rights and international law approach and is approached specifically because he is able to adopt a multi-disciplinary approach.

He advises on privacy and media issues especially where they raise human rights issues. He has represented middle-Eastern royalty in contempt proceedings and other types of proceedings.

He is approved for direct public access.

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

  • 2014:Chaired conference at Birmingham City University on human rights in Sudan.
  • 2014: Chaired Conference on judicial review, Public Law Project.
  • 2013: Speech at International Council of Jurists Conference.
  • 2012: Special commendation at the England and Wales Bar Conference, London, for pro bono work.
  • 2011: Speech at Conference on Best Interests of the Child.
  • 2011: Two speeches at the International Council of Jurists Conference, London, on (1) Social Responsibility of Corporations and Human Rights and (2) Responses in International Law to Terrorism.
  • 2009: Speaker at the England and Wales Bar Conference, London, on equality and diversity implications of public funding cuts in family law (Also advised Family Law Bar Association on legal challenges to public funding cuts).
  • 2008: Speech at the England and Wales Bar Conference on impact of Sharia law and its use in arbitration systems.
  • 2005: Speech to the Indian Supreme Court Bar Association.
  • 2004: Speaker at Brussels conference, European Policy Centre, on EU Common Basic Principles on Integration.
  • 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.

He has given seminars and training sessions 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. Some minor radio appearances, including an in-depth interview by Julia Neuberger, Parting Gifts, Radio 4, on Religion and Justice.

International Human Rights

Manjit Singh Gill KC 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.

Speeches and Seminars
Manjit Gill KC 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.

Notable International 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 and 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.


Public Law

Manjit is one of the foremost human rights silks at the Bar. He has argued some of the most highly publicized and ground-breaking constitutional, public law, international law and human rights cases of the last 10 years with regular appearances in the House of Lords and Supreme Court. He has also conducted ECJ and Eur Ct of Human Rights cases.

His expertise in these over-arching areas means that he is briefed in a wide variety of fields where these over-arching skills are necessary, particularly at an appellate level and in cases with an international or a human rights dimension, for example where public and international law issues they affect commercial or family cases.

Practice Areas: Public Law, Public and Private International Law, Human Rights, Terrorism, Immigration, Asylum and Nationality, EU law, Extradition and International Crime, Prison law, Privacy and Media, Local Government (Community Care, Education, Housing, Public Procurement, Social Services) and Court of Protection, Commercial, including Arbitration, Discrimination, Employment, Property, Regulatory.

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 is particularly well known for having done of 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 related immigration issues. He has advised corporations on the large scale movement of labour across different jurisdictions.

Manjit’s work for local authorities has involved a wide range, including: environmental law, advising on the closure and supervision of registered homes, social services issues (particularly health related), privacy issues, property, procurement and finance related matters: advising local authorities and social workers on their responsibilities in mental health issues as well as acted for claimants, advising on issues relating to RIPA.

He has longstanding experience of public sector housing law as well as general landlord and tenant. He is engaged on issues which raise human rights considerations in property law cases.

He has also represented local authorities in international adoption cases, advised and represented various health care and other professionals including solicitors on regulatory/disciplinary matters and in discrimination proceedings, advised lawyers’ associations on issues of equality and public funding cuts. He is particularly committed to working for disadvantaged groups. However, his clients have also included major international corporations, non-governmental bodies and campaigning groups.

At the moment he is particularly developing his international law work with an emphasis on the human rights aspects of environmental law.

See also his International law and Human Rights CV.

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

  • 2011: Presentations to the International Council of Jurists conference on ‘Corporate Social Responsibility and Human Rights’ and ‘Responses in International Law to Terrorism’.
  • 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. He is a member of the Bar Council’s Immigration Practitioners Accreditation Board and has previously assisted the Bar Council’s Committee dealing with direct access to the Bar.

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 and training sessions 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. Contributor to Jackson and Warr’s Immigration Law and Practice. Various articles.

Notable Public Law Cases


R (Cart, Eba and MR (Pakistan) v Upper Tribunal and others [2011] UKSC 28

whether judicial review of the unified tribunal system can be permitted following the Tribunals, Courts and Enforcement Act 2007.


ZH (Tanzania) v SSSHD [2011] UKSC 4

Art 3 of the UN Convention on the Rights of the Child on the best interests of children.


ME v an NHS Children’s Hospital Trust [2010]

acting for the parents of a baby in a case involving the termination of life-sustaining treatment, raising novel issues of religious rights.


R (CMX and Others) v Legal Services Commission, Secretary Of State For Justice, The Lord Chancellor and Secretary Of State For The Home Department, Refugee And Migrant Justice (In Administration), The Children’s Commissioner For England (intervener)

May 2010 – on the protection of vulnerable migrants following closure of RMJ due to public funding cuts.


Secretary of State v S [2007] Imm AR 781 (Court of Appeal)

effect of delay and fettering of discretion on discretionary decision, conspicuous unfairness to applicant as a basis for relief in public law.


E and R v. Secretary of State (2004) QB 1044 (CA)

statutory appeal limited to errors of law – circumstances in which an error of fact gives rise to an error of law – role of fresh evidence in identifying error. This case has had a profound effect on the rest of civil law and excited much academic comment.


R (Anufrijeva) v. Secretary of State for Social Security [2002] EWCA Civ 399 (CA)

whether an uncommunicated decision by a public body has binding effect on public law.


R (Hashmi) v. Secretary of State [2002] INLR 377 (CA)

circumstances in which a Member of Parliament may be said to have acted on behalf of the claimant when liasing with Govt departments.


R(Zeqiri) v. Secretary of State [2002] Imm AR 296 WLR (House of Lords)

legitimate expectation – meaning of ‘test case’.


O’Donoghue v UK [14 Dec 2010] European Court of Human Rights

successful challenge to the government’s scheme to control the rights of foreigners to marry.


R(Baiai and others) 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.


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.


R (Carson and Reynolds) v. Secretary of State for Works and Pensions (2005) 2 WLR 1369 (HL)

age discrimination in social security rates, 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

discriminatory denial to foreign nationals of the right to liberty.


D and H v. Secretary of State [2004] EWHC 1097 (Admin)

effect of the accession of East European States to EU Treaty on housing rights.


R v LB of Haringey ex p Kaya [2001] EWCA Civ 677, [2002] HLR 1

housing rights of nationals of signatory states to European Convention on Social and Medical Assistance.


R v LB of Haringey and Secretary of State for Social Security ex p Ben-Abdelaziz [2001] WLR 1485 (CA)

The first case under the Human Rights Act 1998 to consider whether there is right to damages against a local authority for failure to carry out housing duties before 2 October 2000.


R v. Leicester City Council ex p Bhika; O v. London Borough of Wandsworth [2000] 1 WLR 2539 (CA)

whether illegal conduct by a claimant is a bar to receipt of community care services.


R v. LB of Lambeth ex p Sarhangi [1999] LGR 641

whether released prisoner who has no leave to remain in the UK is entitled to support under the National Assistance Act 1948.


R (Reynolds) v. Secretary of State for Works and Pensions (2005) 2 WLR 1369 (HL) see above

R v Secretary of State for Social Security, ex parte Vijeikis, Okito and Zaheer [1998] COD 49, QBD and CA

vires of Social Security (Persons from Abroad) Misc Amendments Regns 1996.


R (A) v IAP for Sutton LBC and Secretary of State for Children Schools and Families [2009] ELR 321

(drugs exclusion).


R v Board of Governors of Sheffield Hallam University, ex parte R [1995] ELR 267

warnings, expulsion from university.


R v London Borough of Lambeth, ex parte G [1994] ELR 207

challenge to vires of education grants policy.


R v Board of Governors of Stoke Newington School, ex parte M [1994] ELR 131

bias in education school appeal committee.


R v Inner London Education Authority, ex parte Ali and Murshid [1990] 2 Admin LR 822R v Inner London Education Authority, ex parte Ali and Murshid [1990] 2 Admin LR 822

whether duty to provide education is a target duty or an absolute duty.


R v Board of Governors of the London Oratory School, ex parte R [1989] Fam Law 97

first time that an English court rules that natural justice applies in school expulsions.


Challender and Morris v. Legal Service Commission (2004) ACD 57

funding for inquests – whether state’s procedural duty to investigate deaths under art 2 ECHR is limited to deaths by caused force or by state agents.


Sritharan v Law Society [2005] 4 All ER 1105 (CA) and [2004] EWHC 2932 Ch

He advanced novel arguments on the incompatibility with the ECHR of the Law Society’s intervention procedure.


Related News, Resources and Events

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Court of Appeal rules against Government’s Rwanda policy

In a split decision relating to 10 asylum-seekers, the Court of Appeal allowed the claimants’ appeals in the Rwanda case. The essential basis for the…

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Court of Appeal gives judgment on the long residence rule

Do past or present periods of overstaying mean that a person who has otherwise remained continuously in the UK with leave for 10 years cannot…

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"He is fiercely driven, passionate and never misses a beat when it comes to challenging a complex area of law. His skeleton arguments and advocacy are superb." "He has an excellent approach due to his vast knowledge and attention to detail. He is also easy to work with as counsel."


"He can dismantle an opponent's case with lightning precision."


"An awesome counsel, whose work and knowledge are exemplary. It’s incredible how intelligent he is, and he’s very driven and passionate, and fights the impossible fight right to the end." "I haven’t come across any other silk who is as hard-working as Manjit. Few can match his experience of immigration law."


"Calm, rational, friendly, approachable, organised, hardworking, extremely intelligent, clear and concise."


  • Administrative Law Bar Association
  • European Bar Association
  • Discrimination Law Association
  • 2012: Honorary Professor at University of Birmingham. Member of the Bar Council (to date).
  • 2011: Chair of the Strategic Legal Fund’s Experts’ Panel
  • 2010: Master of the Bench (Gray’s Inn)
  • 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
  • Punjabi
  • Urdu

Related News, Resources and Events

News


Court of Appeal rules against Government’s Rwanda policy

In a split decision relating to 10 asylum-seekers, the Court of Appeal allowed the claimants’ appeals in the Rwanda case. The essential basis for the…

News


Court of Appeal gives judgment on the long residence rule

Do past or present periods of overstaying mean that a person who has otherwise remained continuously in the UK with leave for 10 years cannot…

View all related news

Clerk Team

Abdul Hafeez

Practice Director, Immigration & Public Law

abdulh@no5.com

07957 403805

Lucas Bennett

Practice Manager, Immigration & Public Law

lucasb@no5.com

Jordan Lloyd

Immigration & Public Law Clerk

jordanl@no5.com

Emily Johnston

Immigration & Public Law Clerk

emilyj@no5.com

Hannah Muxlow

Immigration & Public Law Clerk

hannahm@no5.com

Isabella Taylor

Immigration & Public Law Clerk

isabellat@no5.com

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