Manjit S Gill QC

Viewing: Immigration Asylum and Nationality for Manjit S Gill QC

Manjit Gill QC 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.
Languages:
Punjabi, Urdu.
Speeches and seminars:
Manjit Gill QC 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.
Recommendations
“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.”
Chambers UK 2020
“Calm, rational, friendly, approachable, organised, hardworking, extremely intelligent, clear and concise.
Legal 500 2020
Notable 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
Appointments
2012: Honorary Professor at University of Birmingham
2011: Chair of expert panel of Strategic Legal Fund
2010: Master at Grays Inn
2000: 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