Manjit S Gill QC

Viewing: Immigration Asylum and Nationality for Manjit S Gill QC

Direct Email: [email protected]
Manjit Gill QC is quite simply one of the foremost immigration practitioners and has been involved in many of the leading cases in this field in the last 15 years. His work has often involved international law issues. 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. 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.
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.
Languages: Punjabi, Urdu
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.
Recommendations
“Takes original points which other barristers would either ignore or not even see, and argues them creatively and very boldly.”
Legal 500, 2015
“A powerful advocate and he has compendious knowledge of the area, and enthusiasm for new points of law.”
Legal 500 2014
“Manjit Gill QC is highly regarded”
Legal 500 2013
“Manjit Singh Gill QC of No5 Chambers (London) is rated highly in immigration and is a phenomenally knowledgeable advocate in this field, according to one source. He works primarily with claimants, and has recently handled the case of MK (Pakistan) in the Court of Appeal, and also represented an intervener in the Supreme Court case of HH and PH v Italy.”
Chambers UK 2013
“Manjit Gill QC’s practice spans the breadth of immigration and human rights law. The ‘razor-sharp’”
Legal 500 2012
“Manjit Singh Gill QC of No5 Chambers, who is a public law, human rights and immigration law expert. He is commended for the fact that he always has the energy to work up good arguments.”
Chambers UK 2012
“Manjit Gill QC is the go-to silk for immigration.”
Legal 500 2011
“Manjit Singh Gill QC remains the big immigration hitter. He maintains a broad practice spanning a wide range of immigration issues, and tackles both personal and business immigration.”
Chambers UK 2010
“Immigration and nationality - Leading Silk Manjit Gill QC is rated highly”
Legal 500 2009
“Manjit Gill QC is a high-profile presence here, admired by sources for his ability to inspire confidence and command respect. His extensive expertise covers a wide range of immigration cases, including corporate immigration, personal immigration and EU-related immigration issues.”
Chambers UK 2009
Notable Cases
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.
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.
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.
AA (Afghanistan) v Secretary of State [2007] EWCA Civ 12
on definition of unaccompanied asylum seeking children.
DK (Serbia) (2007) 2 All ER 483 (CA)
the leading authority on the operation of reconsiderations within the immigration statutory appeal system.
W and X (China) v Secretary of State [2006] All ER (D) 97 (Nov); [2006] EWCA Civ 1494
EU law – right of free movement derived from child’s right of residence under art 18 EC Treaty, effect of illegal employment.
Januzi v Secretary of State; Hamid v Secretary of State [2006] 2 AC 426 (House of Lords)
Darfur – racial persecution of minority by its own state – concept of state protection and internal relocation – protection of internally displaced persons.
Abu Hamza v Secretary of State 2005 (SIAC)
deprivation of British nationality on grounds of alleged terrorist-related activity.
Hoxha and B v Secretary of State (2005) 1 WLR 1063 (House of Lords)
scope of art 1C(5) of th UN Refugee Convention 1951 – victims of atrocious past persecution – the first case in the higher courts drawing attention to the use of rape as a weapon of war and the special position of women refugees in international law.
A,X,Y v. Secretary of State (2005) 2 AC 68, House of Lords
the ‘Belmarsh’ case on the indefinite detention without trial of suspected terrorists, discriminatory denial to foreign nationals of the right to liberty.
P and M v Secretary of State [2004] EWCA Civ 1640
female genital mutilation – domestic violence - persecution on grounds of gender in Kenya. An important milestone in the development of women as a ‘particular social group’.
Ullah and Do v. Secretary of State (2004) 2 AC 323 (House of Lords)
the first and still the leading case on the extra-territorial application of ECHR rights. It is regularly cited in all fields.
Krotov’s case (2004) 1 WLR 1825 (CA)
law of internal armed conflict – norms of basic rules of human conduct in international law – atrocities in Chechnya – conscientious objection to military service. Case led to objections from the Russian authorities to the UK government and excited international academic comment.
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. The distinction between fact and law usually lies at the heart of all appeals, in whatever field.
Appointments
2012: appointed Honorary Professor at University of Birmingham
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.
Memberships
Administrative Law Bar Association
European Bar Association
Discrimination Law Association

Latest News & Publications

Counsel at No5 Barristers’ Chambers have appeared at the Court of Justice of the European Union in an intercountry adoption appeal. ...

Date: Thu, 07 Feb 2019
Supreme Court gives guidance on meaning of "reasonableness” and "unduly harsh” in children’s cases...

Date: Wed, 24 Oct 2018
The Court of Appeal has awarded indemnity costs against the Home Secretary in her failed appeal against a decision of the Upper Tribunal, after she failed to pursue and to attempt to ‘make good’ an allegation of ‘systemic failure’...

Date: Tue, 24 Apr 2018