David Gardner

Viewing: Immigration, Asylum and Nationality for David Gardner

David frequently represents Appellants in the Immigration Tribunals (both First-Tier and Upper Tribunals) and has represented Claimants in judicial reviews in the Administrative Court and Upper Tribunal. He has considerable experience drafting judicial review grounds and summary grounds of defence in immigration judicial reviews.
Before starting at No5, David was the sole Administrative Court Office and Upper Tribunal (Immigration and Asylum Chamber) Lawyer for Wales and the South West of England between March 2009 and October 2017. In that role he has gained considerable experience in judicial review, immigration and administrative law and was responsible for case management of Court and Upper Tribunal cases.
From 2005-2009 he was a legal adviser in the Magistrates’ Court.
Notable Cases
R (AA) v Coventry City Council (JR/2146/2019)
Represented the Respondent in the Upper Tribunal in a judicial review challenging the Respondent’s age assessment, which determined that the Applicant was over-18.
R (Mutimba) v Secretary of State for the Home Department (CO/2954/2019), R (Naderazi) v Secretary of State for the Home Department (CO/3004/2019), R (Azarbouz) v Secretary of State for the Home Department (CO/3184/2019), R (Ibilola) v Secretary of State for the Home Department (CO/3604/2019)
Represented the Claimant in these cases in the Administrative Court, all of which challenged the Defendant’s failure to provide accommodation and support under s.4 of the Immigration and Asylum Act 1999.
HA v Secretary of State for the Home Department (PA/02835/2018)
Represented the Appellant in the First-Tier Tribunal and Upper Tribunal (Immigration and Asylum Chamber) where the Appellant was a member of the Afghan armed forces who fear reprisal from the Taliban if returned to Afghanistan.
TDS v Secretary of State for the Home Department (HU/20924/2018)
Lead by Dr S. Chelvan. Represented the Appellant in the Upper Tribunal (Immigration and Asylum Chamber) challenging the decision of the Respondent to make a deportation order against the Applicant, who was born in the UK, on article 8 grounds.
RCD v Secretary of State for the Home Department (RP/00004/2017)
Represented the Appellant in the Upper Tribunal (Immigration and Asylum Chamber) where the First-Tier Tribunal Judge had failed to properly determine whether the Appellant should be classed as a refugee.
MN v Secretary of State for the Home Department (PA/04732/2019)
Represented the Appellant in the First-Tier Tribunal. The Appellant was an Iranian asylum seeker who feared persecution from the Iranian authorities due to attendance at anti-Government protests in Iran.
RM v Secretary of State for the Home Department (PA/02276/2019)
Represented the Appellant in the First-Tier Tribunal. The Appellant was a Kurdish-Iranian asylum seeker who feared persecution from the Iranian authorities due to his being an ethnic Kurd who had assisted anti-Government forces.
Olayanyu v Secretary of State for the Home Department (HU/22569/2018)
Represented the Appellant in the First-Tier Tribunal. The Appellant was a Nigerian national who was 22 years old and had been in the UK since he was (at least) 11 years old. Refusal of leave to remain was challenged on the basis of his article 8 rights.
Dejedou v Secretary of State for the Home Department (DA/00739/2018)
Represented the Appellant in the First-Tier Tribunal. The Appellant was a young EEA national male who had come to the UK at the age of 11 but had committed offences including possession of class A drugs with intent to supply and was now subject to a deportation order. The deportation order was challenged on the basis of a lack of likelihood of reoffending and EEA national free movement rights (Immigration (European Economic Area) Regulations 2016).
PD and SD v Secretary of State for the Home Department (PA/01063/2018 and PA/01068/2018)
Represented the Appellants in the First-Tier Tribunal. The Appellants were mother and son nationals of Afghanistan who feared persecution on account of their Sikh religion. The SSHD had refused to accept they were Sikh.
FN v Secretary of State for the Home Department (PA/12934/2017)
Represented the Appellant in the First-Tier Tribunal. The Appellant was a national of Burundi, who feared persecution by the authorities if returned as a single-woman who had previously been persecuted by the authorities, and who additionally challenged refusal fo leave to remain on the basis of the article 8 rights of her and her British national daughter.
Appointments
Chairman of the Valuation Tribunal for England
Panel Counsel for the Equality and Human Rights Commission
Awards
In 2017 David was named by the Institute for Welsh Affairs as one of their ‘30 in 30’: 30 people working to make Wales better over the next 30 years’.
Memberships
Public Law Wales (as an executive committee member and assistant secretary)
South West Administrative Lawyers Association (as a committee member and secretary)
Court of Protection Practitioners Association (COPPA)
Human Rights Lawyers Association
Welsh Legal History Society.
Member of the Western Circuit
Qualifications
Bar Vocational Course University of the West of England – 1 September 2004 to 1 July 2005
LLB Law Degree The University of Leeds – October 2001 to July 2004
Publications
David’s book Administrative Law and the Administrative Court in Wales was published by the University of Wales Press in 2016.
David is an expert contributor to Atkin’s Court Forms for the Administrative Court Forms, Vol.1, 2016 and 2019 editions.
David co-wrote the Administrative Court Judicial Review Guide in 2016 and 2017 with Mrs Justice Whipple and Mr Justice Lewis.
David is an expert contributor for Lexis Nexis PSL.
“An Administrative Law Code for Wales: Benefits to Reap and Obstacles to Overcome” [2018] Statute Law Review
“The Administrative Court and Administrative Law in Wales and Comparative Perspectives” (with Dr. Sarah Nason) in Administrative Justice in Wales and Comparative Perspectives (2017) University of Wales Press
“Public Law Challenges in Wales: The Past and the Present” [2013] P.L. 1

Latest News & Publications

The Administrative Court in Wales is about to enter the third iteration of its existence....

Date: Fri, 31 Jul 2020
The UK Administrative Justice Institute has published a blog post by Dr Sarah Nason and David Gardner that summarises their presentation...

Date: Tue, 15 Oct 2019
David Gardner acts for successful claimant in an application for judicial review...

Date: Mon, 07 Jan 2019