Farin Anthony

Viewing: Immigration Asylum and Nationality for Farin Anthony

Farin Anthony frequently represents Appellants in the First-tier and Upper Tribunals and in judicial review claims in the Administrative Court and Upper Tribunal. She has considerable experience drafting judicial review grounds in immigration and detention-related judicial reviews in both the Administrative Court and Upper Tribunal.
Before joining No5, Farin was a practising Solicitor-Advocate (Higher Rights Civil Proceedings). Farin has worked almost exclusively in asylum, immigration and human rights law since 2003.
In that time, Farin has held many roles including Head of Department roles at the Citizens Advice Bureau and private practice. Farin also held the role of Litigation Solicitor at Refugee and Migrant Justice where Farin’s work focused exclusively on litigation in the Administrative Court and Court of Appeal. More recently, Farin has held the role of Duty Solicitor at Morton Hall Immigration Removal Centre. In her role as Duty Solicitor, Farin was frequently instructed to draft emergency grounds for judicial review and to secure injunctions against removal.
Farin has taught the Immigration and Asylum Law module at Nottingham Law School. Farin is also an Examiner and Examination Writer for the Law Society’s Immigration and Asylum Accreditation Scheme.
In 2011, Farin was appointed Judge of the First-tier Tribunal (Fee Paid) in the Social Entitlement Chamber.
In 2014, Farin was appointed Judge of the First-tier Tribunal (Fee Paid) in the Immigration and Asylum Chamber.
Languages
Malay
Cantonese
Notable Cases
Walters v SSHD
2016
Following refusal of permission to bring judicial review by the Upper Tribunal, Farin represented the Claimant at the oral permission hearing and secured the grant of permission to bring judicial review proceedings. The claim was settled by consent following the grant of permission with the SSHD agreeing to properly consider the available evidence.
R (otao KFS) v SSHD
2016
Judicial review challenging the refusal of a fresh claim for a vulnerable detained Claimant whose nationality (Eritrea) was disputed. Farin’s grounds for judicial review also challenged the SSHD’s failure to provide accommodation and support under s.4 of the Immigration and Asylum Act 1999. The grounds included a claim for damages for unlawful detention. The claim was settled by consent following the release of the Claimant to appropriate accommodation and with the SSHD agreeing to reconsider the claim.
P and Others v SSHD
2015
Represented the Appellants in their Article 8 claim in the First-tier Tribunal. The appeal was allowed and following an appeal by the SSHD to the Upper Tribunal, Farin successfully represented the Appellants and defended the decision in the Upper Tribunal.
DM v SSHD
2015
Represented the Appellant, a Cameroon national in the Upper Tribunal following a remittal from the Court of Appeal to deal with the issue of future risk on return.
MM v SSHD
2015
Represented the Appellant, a disputed Eritrean national, in the First-Tier Tribunal whom the SSHD wished to remove to Ethiopia. The Judge found the Appellant is of Eritrean nationality and would be at real risk of persecution if returned.
RBR v SSHD
2015
Represented the Appellant in the First-Tier Tribunal. The Appellant was a gay Iranian asylum seeker who feared persecution from the Iranian authorities because of his sexuality.
R (otao NY) v SSHD
2015
Judicial review challenging the delay and failure by the SSHD in granting refugee status following a successful appeal in the First-tier Tribunal. The claim led to a prompt grant of refugee status by the SSHD.
NY v SSHD
2014
Represented the Appellant in the First-Tier Tribunal. The Appellant was an unaccompanied asylum seeking child from Afghanistan who was an Atheist who feared persecution in Afghanistan on account of his Atheism.
R (otao PA) v SSHD
2014
Judicial review challenging the removal of an asylum seeker on a Charter flight to Nigeria arguing the failure to apply anxious scrutiny to a Rule 35 report confirming the Claimant was a victim of torture. Farin’s grounds for judicial review and application for an injunction was successful in preventing the Claimant’s removal.
ZBG v SSHD
2014
Represented the Appellant in the First-tier Tribunal. The appellant was a child who was a national of Eritrea residing in a refugee camp in Ethiopia seeking Entry Clearance to join her adult half-sister in the UK pursuant to paragraph 297 of the Immigration Rules.
PBJ v SSHD
2014
Successfully represented the Appellant in the First-tier Tribunal. The Appellant was a national of South Africa who was the primary carer (Zambrano carer) of a British citizen child.
Reported Cases
Dube (ss.117A-117D) [2015] UKUT 00090 (IAC)
Farin successfully represented the appellant in the First-tier Tribunal and argued that the statutory considerations whilst mandatory, did not displace the need to consider previous caselaw on Article 8. This principle was confirmed by the Upper Tribunal in the first reported s.117B case which provided guidance to the Tribunal on the application of s.117B and s.117C considerations.
R (otao Mohammed) v SSHD [2014] EWHC 4317 (Admin)
Farin was the Solicitor for the Claimant, an unaccompanied asylum seeking child who had been detained to be removed to Italy. Farin’s work led to the suspension of removal, securing the release of the Claimant. Following a successful outcome in the Administrative Court, the claim for unlawful detention settled for a substantial five figure sum. The case raised complex issues as to whether the SSHD’s erroneous view of the law can amount to “reasonable grounds for suspecting” that a person is liable to removal.
Appointments
Judge of the First-tier Tribunal (Fee Paid), Social Entitlement Chamber
Judge of the First-tier Tribunal (Fee Paid), Immigration and Asylum Chamber
Memberships
Immigration Law Practitioners’ Association
Qualifications
LLB (Hons) Law, The University of Nottingham
Bar Vocational Course, Nottingham Law School
Solicitor-Advocate (Higher Rights Civil Proceedings) (Non-Practising)

Latest News & Publications

No5 Barristers’ Chambers is delighted to welcome Farin Anthony to the Immigration, Asylum and Nationality Group....

Date: Wed, 02 Dec 2020