Jake Rylatt

Viewing: Immigration, Asylum and Nationality for Jake Rylatt

Jake continues to develop his practice in immigration and asylum law, regularly appearing in appeals before the First-Tier Tribunal and Upper Tribunal. Jake has also advised on, and acted in, a number of judicial review claims concerning immigration and asylum law. Jake hopes to further develop his practice across the full range of personal and business immigration law.
Furthermore, through providing assistance to more senior members of Chambers during pupillage, including Manjit Gill QC, Jake has also developed a knowledge of extradition law and practice, which he is keen to further develop.
Protection Claims (Asylum and Humanitarian Protection)
Jake has appeared in protection appeals in the First-Tier Tribunal involving a broad range of States and territorial entities including Sri Lanka, Iraq, Afghanistan, Eritrea, Ethiopia, Sudan, Pakistan, Palestine, India, Chechnya, Turkey, Albania, Zimbabwe, Iran, Bangladesh and Georgia. In approaching such claims, Jake is able to draw on his knowledge of refugee and human rights law and country circumstances, derived from his time as Research Assistant to the Legal Tools for Peace-Making Project at the University of Cambridge.
Jake has also successfully brought and defended error of law appeals in the Upper Tribunal, addressing issues such as the relationship between claims under the Convention and Paragraph 276ADE, the correct approach to the analysis of documentary evidence, and the extent to which there exists a real risk of persecution for bisexual and transgender persons in India. He was also Junior Counsel (led by Dr S Chelvan) in DD (Albania) (AA/12842/2015, 13 November 2019) in which the Upper Tribunal departed from existing Country Guidance and held that those subjected to domestic violence in Albania form a “particular social group” for the purposes of the Refugee Convention.
Human Rights Appeals, Deportation and Removals
Jake has successfully appeared in a range of human rights appeals before the First-Tier Tribunal, both against the Entry Clearance Officer and the Secretary of State for the Home Department and including conjoined claims from multiple appellants.
Jake has also appeared in both the First-Tier Tribunal and Upper Tribunal in appeals against removal decisions taken pursuant to the EEA Regulations 2016 and non-EEA deportation appeals. In approaching such cases, Jake is able to draw on his forensic experience derived from criminal law and prison law, including questions of risk management such as the interpretation of OASys reports.
Bail Applications
Jake has secured bail from the First-Tier Tribunal for a number of immigration detainees (frequently acting pro bono instructed by Bail for Immigration Detainees), including without the need for a financial supporter. In approaching bail applications, Jake is further able to draw on his experience in criminal law and prison law as identified above.
Judicial Review
In terms of immigration law, Jake has been instructed to act in the following types of judicial review: certification; fresh claims; Cart judicial reviews; and other decisions to which no statutory right of appeal attaches (e.g. a decision to refuse an application for an EEA residence card).
Jake has also advised on, and acted in judicial review claims concerning the overlap between immigration law and other areas of law. For example, in R (JO) v Parole Board and SSJ, Jake acted in a judicial review challenge to the SSJ’s policy of prohibiting certain categories of foreign national prisoners (“FNPs”) from being transferred to open conditions during indeterminate sentences.
Previous Experience
Before entering practice, as part of the Legal Tools for Peace-Making Project based at the Lauterpacht Centre for International Law (University of Cambridge), Jake contributed to the development of the award-winning Language of Peace research tool and drafted case studies on key issues arising in peace negotiations. Jake subsequently used these materials to provide training on international law and peace-making to international organisations, including the United Nations, European Union, and the Organization for American States. Jake also acted as Research Assistant to Professor Marc Weller, assisting with academic publications and legal advisory work. He assisted Professor Weller in engagements concerning the conflicts and transitions in Syria, Yemen, Myanmar (Burma) and Transnistria (Moldova).
As well as securing debating accolades, Jake has competed extensively in mooting competitions during his academic stages of training. This includes achieving first place in the Freshfields Bruckhaus Deringer Mooting Competition (2011) and the runner-up place in the Incorporated Council of Law Reporting National Mooting Competition (2012), where he also achieved the distinction of Joint Best Oralist in the Final Round. He also reached the quarter finals of the Lincoln’s Inn Inter-Provider Mooting Competition (2016) and the Philip C. Jessup International Law Moot Court Competition on two occasions (2012 – 2013, 2013 – 2014). On the latter occasion, his team were also runners up for Best Applicant Memorial and Best Overall Memorials.
College Research Associate, Wolfson College, University of Cambridge (2015 – Present)
Visiting Tutor and Examiner in International Law, University of Leeds (2014-2015)
Lincoln’s Inn: Walter Wigglesworth Pupillage Award (2017)
Lincoln’s Inn: Buchanan Prize (2017)
Lincoln’s Inn: Lord Denning Major Scholarship (2015)
Lincoln’s Inn:Hardwicke Entrance Scholarship (2014)
BPP Law School: Excellence Award Scholarship
University of Cambridge: Philip C. Jessup International Law Moot Court Competition (2013 - 2014) - UK National Rounds Quarter Finalist; Runners Up for Best Applicant Memorial and Best Overall Memorials (c.25,000 words submission required as part of mooting competition)
University of Leeds: Hughes Extended Prize for Highest Marked LLB Dissertation (2013)
University of Leeds: Hogan Lovells Prize in Commercial Law (2012)
University of Leeds: Sidley Austin LLP Prize in Advanced Legal Research and Law Reform (2012)
University of Leeds: Allen and Overy Debating Competition - Runner Up (2012), Winner (2011)
Human Rights Lawyers Association (HRLA)
Administrative Law Bar Association (ALBA)
Young Legal Aid Lawyers (YLAL)
Court of Protection Practitioners’ Association (COPPA)
Criminal Bar Association
BPTC – BPP University, London (2015-2017) – Outstanding – 2nd in Year
BPTC - BPP University, London (2015-2017) - Outstanding - 2nd in Year
LL.M (International) – University of Cambridge (2013-2014)
LL.B Law (Hons) – University of Leeds (2010-2013) – First Class – 1st in Year
Further information
Jake has published widely in the fields of public law, human rights law, international law, and EU law. His work has been cited by national and international bodies such as the House of Lords Select Committee on the Constitution, the EU Parliament, and a dispute settlement panel of the World Trade Organization. It has also been featured in multiple House of Commons briefing papers, written by the House of Commons Library for Members of Parliament. Examples of published works include:
The Oxford Handbook of the Use of Force in International Law (Oxford University Press, 2015) (as Assistant Editor).
Articles and Book Chapters:
‘Attribution of Conduct in the Context of UN-Authorised International Military Operations: Serdar Mohammed before the Courts of England and Wales’ (2017) 55(1) Military Law and the Law of War Review 75
‘Delegated Legislation, Brexit, and the Courts’ (2017) 22(3) Judicial Review 320 (with Dr Joe Tomlinson)
‘Counterclaims in International Law’ in La Solucion de Controversias en Derecho Internacional y Temas Vinculados: Liber Amicorum for Alejandro Turyn (Eudoba: Buenos Aires, 2017) (with Dr Michael Waibel, Cambridge)
‘Something New in Substantive Review: Keyu v Secretary of State for the Home Department’ (2016) 21(3) Judicial Review 204 (with Mr Joe Tomlinson).
‘Immigration and Refugee Law (2014-2015 Legal Year)’ (2015) 6 UK Supreme Court Yearbook 406.
‘Immigration Law (2013-2014 Legal Year)’ (2015) 5 UK Supreme Court Yearbook 338.
‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part II)’ (2014) 44(2) California Western International Law Journal 1.
‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part I)’ (2013) 44(1) California Western International Law Journal 39.
Online Publications:
‘Provisional Measures and the Authority of the International Court of Justice: Sovereignty vs. Efficiency’ (2013) 1(1) Leeds Journal of Law and Criminology 45.
Written Evidence: Delegated Powers in the ‘Great Repeal Bill’ Inquiry’ (24 February 2017) House of Commons Procedure Committee (with Mr Joe Tomlinson).
‘Identifying the Language of Peace: Developing the Practical and Theoretical Framework of Peace-Making’ (4 January 2017) EJIL: Talk! (with Professor Marc Weller, Dr Tiina Pajuste, Dr Mark Retter and Ms Andrea Varga).
‘And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case’ (10 November 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson and Dr Duncan Fairgrieve).
‘The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke’ (27 July 2016) UK Constitutional Law Association Blog.
‘Neuberger’s Novelties: Keyu and the Substantive Review Debate’ (17 February 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson).
‘The Use of Force against ISIL in Libya and the Sounds of Silence’ (6 January 2016) EJIL: Talk!.

Latest News & Publications

Jake Rylatt provides an update regarding the Government U-turn on 17th August, how it affects the 2020 A-level and GCSE results and challenging grades & offers for affected students....

Date: Wed, 19 Aug 2020
This year there will be confusion and concern for students and staff alike...

Date: Thu, 13 Aug 2020
Where next when considering capacity concerning sexual relations?...

Date: Fri, 12 Jun 2020