Manjit S Gill QC

Viewing: International Human Rights for Manjit S Gill QC

Manjit Singh Gill has argued some of the most highly publicized and ground-breaking constitutional, public law, international law and human rights cases with regular appearances each year in the House of Lords and Supreme Court. He has also conducted Court of Justice and Eur Ct of Human Rights cases. His work in the international field has involved:
The law relating to failed states (e.g. Somalia, with repercussions in commercial law), Effects of deprivations of nationality and statelessness (East African Asians and different categories of British nationals), The laws of war, laws of internal armed combat, humanitarian law, conscientious objection (e.g. Krotov’s case), International treaty interpretation (numerous cases in the House of Lords), Use of rape as a weapon of war and the protection of women (Hoxha and B), Indefinite detention of terrorists without trial (the Belmarsh case), House arrest, control orders and deprivation of liberty (JJ and others), Torture and ill-treatment treatment by states of suspected terrorists (A v Secretary of State), Effects of foreign marriages, validity of marriages in foreign consulates (including a successful case in the Court of Appeal involving the Ecuadorian Embassy), A state’s consular duties to protect nationals abroad (Butt), Extradition (various Supreme Court and High Court cases concerned with children, the mentally ill, and construction of the Extradition Act 2003, he has appeared on national BBC news and on South African TV to provide expert legal comment on the Shrien Dewani extradition to South Africa), Socio-economic rights of migrants in international law, Equality and discrimination issues, Advising on death penalty cases in other jurisdictions, Proscription of suspected terrorist organisations, Corporate social responsibility and international law, EU law.
He has also advised on such issues in commercial and family law contexts (particularly international adoption and child abduction issues) and represented local authorities in international adoption cases. He has also advised Indian businesses in relation to commercial activities in the UK and advised on cross-jurisdictional contractual disputes, the effect of bilateral investment treaties, assets recovery, and commercial property issues. He brings to his commercial and international arbitration work a strong human rights approach and is approached specifically because he is able to adopt a multi-disciplinary approach.
He has represented proscribed organisations, including as a Special Advocate, and has regularly appeared before the Special Immigration Appeals Commission in national security cases including cases challenging the removal under memoranda of understanding of terrorist suspects to regimes where they face torture.
He has brought successful challenges to legislation on the right to marry, to detention of terrorists and to the interpretation of the Extradition Act 2003, amongst many others.
He has conducted 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 law, on the large scale movement of labour across different jurisdictions, and the immigration and employment needs of businesses including the movement of sportsmen and women.
He is particularly committed to working for disadvantaged groups. His clients have also included major international corporations, foreign royalty, governmental, non-governmental bodies and campaigning groups.
He advises on privacy and media issues especially where they raise human rights issues. See also his Public Law CV.
Languages: Punjabi, Urdu
Speeches and seminars,
Manjit Gill QC has spoken regularly at national and international conferences. For example:
2013: Speech at Joint Council for Welfare of Immigrants AGM, Speaker on Human Rights at International Council of Jurists Conference, 2012: Speech at ILPA Conference: Working with Refugee Children: Best Interests of the Child, 2011: Speech at ILPA Conference on Best Interests of the Child, 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.
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 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. Various articles.
Recommendations
‘Very experienced and knowledgeable.’
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 a high-profile presence here, admired by sources for his "ability to inspire confidence and command respect".
Chambers & Partners 2009
Notable Cases
Miller v Secretary of State for Exiting the EU, 2017, Supreme Court, the Brexit Article 50 case
MA (Pakistan) [2016] 1 WLR 5093
expulsion of children residing in UK for 7 years
Pamma extradition case 2016
advising on successful strategy resisting extradition of Sikh refugee from Portugal to India.
Kiairie and Byndloss, 2016
out-of-country human rights appeals
MM (Lebanon)
February 2016
Supreme Court, minimum financial requirements for admission of foreign partners to the UK, Art 8 ECHR.
R (Bibi) v SSHD [2015] Supreme Court
English language test for admission of foreign partners to the UK
AP India [2015] EWCA Civ 89
historic injustices to families of East African Asians
AA (Somalia) [2014] 1 WLR 43
Supreme Court: family reunion for children of refugee families, Islamic or customary adoptions, especially in a failed state
A (Children) [2014] 1 AC 1
Supreme Court: nationality as a basis for jurisdiction in international child abduction cases
Powierza v District Court, Warsaw, Poland [2013] EWHC 36 (Admin)
conviction by assessors in Poland, lack of independent tribunal, meaning of court under Extradition Act 2003, s2, Art 6 ECHR
Stopyrah v Poland; Debreceni v Hungary [2013] 1 All ER 187
structural failings in progressing of extradition appeals, legality of means-testing and funding regime in magistrates courts
HH v Italy [2012] 3 WLR 90 Supreme Court
best interests of children in extradition cases
R (McAuley) v Conventry Crown Court and Crown Prosecution Service [2012] 1 WLR 2766
extension of custody time limits and lack of resources, damages for unlawful detention
Secretary of State v SP (North Korea) [2012] EWCA Civ 114
nationality laws relating to North Korea and South Korea, whether North Koreans who had left Korea would be treated as persons who had lost their South Korean nationality
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, Art 3 UN Convention on the Rights of the Child 1989.
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.
Joan Ryan MP v. Major Gen Chagi Gallage [Dec 2010]
arrest warrant application for international war crimes committed by Sri Lankan army, intended target was part of the President’s party, the President being in the UK to give a speech at the Oxford Union which was cancelled due to public protests and police concerns as to public order, intended target and all of the President’s entourage fled the jurisdiction a few hours before the application to the court was made.
ZN v Secretary of State [2010] UKSC 21 (Supreme Court)
test for family reunion of refugees following acquisition of British citizenship.
Moulai v France [2009] 1 WLR 276 (House of Lords)
successful extradition appeal in on construction of Extradition Act 2003.
QJ v Secretary of State – [2009] SIAC
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).
Secretary of State v TB (Jamaica) (2008) EWCA Civ 977
compatibility of domestic laws with Refugee Convention.
R(Baiai, Trczinska, Bigoku, Agolli & 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.
AA (Afghanistan) v Secretary of State [2007] EWCA Civ 12
on definition of unaccompanied asylum seeking children.
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
Qualifications
Approved for direct public access

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