[photo] Rajesh Rai (1993)Rajesh K. Rai (1993)

Teams


Public Law, International Human Rights, and Immigration.


Profile


Rajesh was called to the Bar in 1993 and his areas of expertise have included Crime, Public Law, Immigration & Asylum, Human Rights Law (both domestic and international), EU Law, VAT and Tax Law, Humanitarian Law.

His Immigration & Asylum Law practice includes immigration offences both in the Civil and Criminal Courts, business immigration, advice, appeals and Judicial Review. He has been a director of The Joint Council for the Welfare of Immigrants (JCWI) (www.jcwi.org) and a director of the Kurdish Human Rights Project (KHRP) (www.khrp.org). He has been appointed as an expert on to the Council of experts of the Democratic Progress Institute (http://www.democraticprogress.org/)

Rajesh has extensive hands-on experience in humanitarian and environmental issues in his work with NGOs, cooperatives and companies based in the UK and overseas. This gives him a unique insight into his practice as a Barrister when dealing with NGOs and clients who require cultural sensitivity in their representation and an understanding of cross national issues.

He has lectured on CPD accredited courses for chambers and JCWI. He also lectures internationally on a wide variety of legal issues for the KHRP and BHRC (www.barhumanrights.org.uk) including Freedom of Expression (to the Bar of Armenia), Enforcement of European Court Judgments (to Human Rights organisation in Turkey) and Women's Rights (Cross Border conference in South East Turkey to NGO's working in Kurdish regions). In November 2011 Rajesh travelled to Northern Iraq chairing a cross border conference of NGO's and dealing with issues such as children's and women's rights in conflict situations. He has chaired these cross border conferences of NGO's on a yearly basis from 2009 to 2012.

More recently Rajesh has concentrated his efforts on community and social regeneration programmes. This has been reflected in lectures delivered which included Rajesh chairing and delivered lectures in India during the Kumbh Mela on "Energy Farming" (2007) in Africa and Asia, in the USA on "Ethical enterprise and holistic trusteeship of people and land" (2008) and "Spirituality today: shared benefits and shared responsibilities" (2009).

Rajesh has also developed models promoting community and environmental regeneration programmes. He is the founding director of "HIC" a Community Centred NGO based in Cameroon and Human Energy (Uganda) Ltd which promoted tree plantations.

Rajesh was an executive director of an AIM listed company in which he took charge of investments into the renewable energy sector. This has given him an insight into business and organisational structures which he uses when advising businesses and/or applications involving an understanding of business.


Publications


Rajesh was a contributor to the 1998 edition of the JCWI Handbook on Immigration and Asylum Law.

He has conducted a number of international trial observations in the last ten years in regions such as Turkey, Tunisia and Armenia and has had a number of reports published. They include "Publishers on trial: Freedom of expression in Turkey in the context of EU Accession" (www.khrp.org), "Trial observation: Freedom of Expression and Freedom of Association - Unfair trials in Tunisia" (www.euromedrights.org/files) in which he carried out trial observation and wrote a report in 2001 on Dr Moncef Marzouki who had been tried by the then Govrnement for his vocal promotion of fundemental freedoms. In 2011 Dr Marzouki was elected the President of Tunisia.

 
Notable cases


Rajesh's reported cases include:


R v Daniel (Anthony Junior)
(Court of Appeal) [1998] 2 Cr App R 373, Times Law Reports 10 April 1998
[1997] EWCA Crim 2885

Right to silence in criminal proceedings and proper directions to be given by judge to jury.

Gloszczuk (External relations) [2001] EUECJ C-63/99 (27 September 2001)

Leading case on rights of establishment of businesses pursuant to Association Agreements with EC, this was heard before the Grand Committee of the European Court of Justice.


Stepenyan v Armenia
(EctHR) (45081/04) (2009)

The European Court of Human Rights found infringements to the right to a fair trial under Article 6 of the European Convention on Human Rights. This is a KHRP assisted case in which Rajesh led on submissions.


Gabrielyan V Armenia
(EctHR) 8088/05 (April 2012)

The European Court of Human Rights found contraventions of Article 6(3) when read with Article 6(1) of the Convention. In particular, the Court made important observations in relation to the right to effective representation by State appointed lawyers, on the right to cross examine witnesses and the legal position in relation to dealing with absent witnesses. Rajesh drafted the full submissions in this application.

Cell Trading (UK) LTD v Revenue And Customs [2011] UKFTT B1 (TC) (17 January 2011)

MTIC in the Tax and VAT Tribunal.


Younas (t/a Micromedia Triton Communications Co UK Ltd) v Revenue & Customs [2012] UKFTT 194 (TC) (23 January 2012)

 MTIC in the Tax and VAT Tribunal.


LH (Nigeria) & Anor v Secretary of State for the Home Department
[2013] EWCA Civ 26 (30 January 2013) Court of Appeal 

Representation of children where there may be potential conflicts with their guardians and/or parents.  

 

Interests


Eastern philosophy, Sanskrit, family and my vegetable garden.