Rabinder Singh QC and Nicholas Blake QC were involved in this case concerning the law relating to social group persecution within the meaning of the Refugee Convention.
Nicholas Blake QC represented 'J', an Iranian homosexual. The Court of Appeal held that a person could not be refused asylum on the basis that he could avoid otherwise persecutory conduct by modifying his behaviour.
Concerned whether a person could reasonably be expected to avail himself of the internal flight alternative, where this was the means by which persecution could be avoided following deportation.
Concerned judicial review of the Secretary of State's failure to apply his own policy of not relying on the internal flight alternative to the Kurdish autonomous zone in Iraq.
R v Secretary of State for the Home Department ex parte Adam;
R v Secretary of State for the Home Department ex parte Limbuela;
R v Secretary of State for the Home Department ex parte Tesema
In this decision the Court of Appeal concluded that there was family life engaged between a UK resident couple and a child transferred to their care under procedures that did not meet international rules for adoption. As the respondent was unwilling to justify his particular interference with family life, the refusal of entry clearance was held to be a breach of Article 8 ECHR. The decision has important implications for South Asian de facto family cases. Nicholas Blake QC appeared for the family.
The House of Lords considered whether any article of the ECHR - other than Article 3 - can be engaged in relation to deporting an individual when it can be anticipated that his treatment in the receiving state will be in breach of Convention requirements, but without being in breach of Article 3. Nicholas Blake QC represented Ullah. Rabinder Singh QC and Raza Husain acted on behalf of Liberty and Joint Council for the Welfare of Immigrants.
The case dealt with whether indefinite detention without charge or trial of non-nationals suspected of terrorist activities is compatible with UK human rights obligations. Ben Emmerson QC, Philippe Sands QC and Raza Husain appeared for seven of the appellants. Rabinder Singh QC and Alex Bailin acted on behalf of Liberty as intervenors.
The case dealt with the legitimacy of the guidance provided by the Immigration Appeal Tribunal for adjudicators in appeals. Rabinder Singh QC appeared for Mr Djebbar.
The Court of Appeal refused the application from the Home Secretary for permission to appeal against the Special Immigration Appeals Commission (SIAC) decision where M's certification as a suspected international terrorist had been quashed. Ben Emmerson QC and Raza Husain appeared for M.
In this case the House of Lords upheld the Court of Appeal approach to certification of human rights claims as manifestly unfounded. The majority concluded that no such certificate could be issued where there were credible claims that an asylum seeker's mental health would be severely prejudiced by return to Germany under the Dublin Convention and Article 8 HRA was engaged. Nicholas Blake QC and Raza Husain appeared for the claimant.
