Clarendon Park Chambers

Client has removal directions deferred less than 24 hours before removal, following an urgent Judicial Review application. No injunction needed.

Injunction granted to Albanian national who was to be removed on 9 October 2024 via a charter flight. Judicial Review and Injunction Grounds drafted by Huzefa Broachwalla. Instructed by Lawrence Kurt Solicitors.

Upper Tribunal allows EU deportation appeal after FTT dismissal. Mr Broachwalla represented the successful appellant, instructed by Shahban Solicitors.

New Blog Article: Path to Protection: Claiming Asylum in the UK. Click the link below to read the full article by Simran Kaur Grewal. https://lnkd.in/eNw6Cn3G

Permission to proceed with JR claim granted by CofA in another case where the SSHD decided to cancel permission with immediate effect and detain immediately where a student’s sponsorship had been withdrawn. In this case, the partner’s leave was also cancelled with immediate effect on the same day, and he was also detained. Each spent over two months in detention. Kafkaesque turn of events for couple that had hitherto been in the UK lawfully and had not breached their conditions of leave. Hard to believe that this is now the way we treat non-resident people in the UK. We would rightly be up in arms if British citizens received this type of treatment overseas. Arnold LJ found it arguable that the use of an RED0001 Notice to cancel permission was unlawful in this case; that policy guidance was not followed in cancelling permission with immediate effect; and that detention was unlawful. Instructed by Zubair Awan of My Legal Solicitors who is doing excellent work in a number of similar cases.

Our client wins 7-year fight for justice and secured record damages for false imprisonment, breach of EU law rights, breach of Article 3 ECHR, and personal injury. IA was residing in the UK lawfully as the spouse of a EU citizen when the Home Office began its series of unlawful acts that persisted for years. Basic repeated errors resulted in IA being deprived of the right to work; being detained; attempts to remove him from the UK; his detention; and treatment in detention that caused him to develop PTSD and that reached a level of severity that breached Article 3 ECHR. IA was detained at Brook House Immigration Removal Centre during the period that was the subject of the BBC Panorama programme re abuse there, and he also gave evidence to the Brook House Inquiry. The judgment handed down by the High Court today gives some measure of closure to IA. However, no amount of monetary compensation can recover the lost years when his life was on hold, the impact on his health, and the pain and suffering he has endured. It is hoped that the detailed findings in the judgment as to the repeated failings on the part of the Home Office, and the significant exemplary damages awarded to punish the Home Office’s conduct will result in lessons being learned and this sort of behaviour not being repeated with others. Mr Zainul Jafferji was instructed by IA when he was in detention and facing removal from the UK in May 2017. He has represented IA since that date, assisting him to successfully resist removal, secure release from detention, establish his right of residence in the UK, and secure damages for the egregious breach of his rights by the Home Office over a number of years. Mr Sheraaz Hingora assisted Mr Jafferji as his paralegal in 2017-2018, and was instructed by IA as junior counsel to Mr Jafferji for his final trial at the High Court in June 2024. Both counsel were instructed by Asim Suleman of Lawfare Solicitors.

FTT allows appeal where the appellant was refused entry clearance as a spouse on the grounds of suitability, where the respondent argued that his behaviour was conducive to the public good. Mr Broachwalla represented the successful appellant, instructed by UK Migration Services

On 16th August 2024 JUDGE OF THE FIRST-TIER TRIBUNAL VELOSO allowed an Appellant's Article 3 ECHR appeal under the Human Rights Act 1998. The Appellant made a leave to remain application on a Human Rights basis, by the Secretary of State, the decision subsequently upheld by FtT. After successful representations, the Appellant's permission to appeal was allowed by the Upper Tribunal and remitted to FtT for a full re-hearing. Applying AM (Zimbabwe) [2020] UKSC 17, and MY (Suicide risk after Paposhvili) [2021] UKUT 00232 (IAC), the FtT accepted the Appellant demonstrated substantial grounds for believing they would face a real risk of a significant reduction in life expectancy upon return to their country of birth, which the Secretary of State failed to rebut. Arif Rehman instructed by Lawfare Solicitors

The Upper Tribunal has allowed a challenging appeal concerning a proxy marriage, determining that the marriage adhered to the relevant customary laws. The case was intricate, involving detailed consideration of foreign legal principles and factual complexities. The appellant was represented by Mr Hingora, instructed by Spio and Co Solicitors.

We are delighted to have received a lovely gift from our client after a successful outcome in their matter. It is not only our priority to provide expert advice and representation, but to also ensure our clients have a pleasant experience.