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Barnabas is a barrister specialising in immigration and asylum law and related areas and has extensive experience in the First Tier and Upper Tribunals, with onward appeals to the Court of Appeal. He regularly undertakes judicial review applications in the High Court and Upper Tribunal. He has also advised local authorities and family law solicitors on immigration problems, particularly those relating to children.

Additionally he has experience in terrorism and national security cases.

Immigration & asylum

Barnabas specialises in immigration and asylum law and related areas and is a barrister with extensive experience in the First Tier and Upper Tribunals, with onward appeals to the Court of Appeal.

Recent cases

  • R (on the application of Spahiu and another) v Secretary of State for the Home Department (Judicial review – amendment – principles) IJR [2016] UKUT 00230 (IAC) – Upper Tribunal case giving guidance on this issue, currently being appealed to the Court of Appeal;
  • R (on the application of Shabani) v Secretary of State for the Home Department (Legacy – residence – SOS’s limited duty)IJR [2015] UKUT 00403 (IAC) – a ‘legacy’ case in the Upper Tribunal;
  • R (on the application of (1) AHK (2) AM (3) AS (4) FM) v Secretary of State for the Home Department [2014] EWCA Civ 151– Court of Appeal considers whether national security JR’s should  be stayed pending appeals to SIAC;
  • (1) AHK (2) AM (3) AS (4) FM v  Secretary of State for the Home Department [2013] EWHC 1426 (Admin) – a lead concerning disclosure requirements in the context of refusal of citizenship on grounds of good character, in which the High Court rules that the public interest immunity process is not incompatible with Art.8 and 10 ECHR;
  • R (On the Application of Thiam) v Secretary Of State For The Home Department [2012] EWHC 2127 (Admin) – High court considers a fresh claim challenge in an FGM case;
  • R (On the application of Kussin) v Secretary of State for the Home Department [2009] EWHC 358 (Admin) – High court considers a fresh claim challenge in Art.8 ECHR family life case;
  • TG (Central African Republic) v Secretary of State for the Home Department [2008] EWCA Civ 602 – Court of Appeal remits Art.8 ‘Chikwamba’ case;
  • PM and Others (Kabul – Hizb-i-Islami) Afghanistan CG [2007] UKAIT 00089 – a Tribunal Country Guidance case;
  • MG (Christians, including Coptic Christians) Sudan CG [2006] UKAIT 00047– a Tribunal Country Guidance case;
  • AA (Exclusion clause) Palestine [2005] UKIAT 00104 – a Tribunal reported case;
  • AB (Witness corroboration in asylum appeals) Somalia [2004] UKIAT 00125 – A Tribunal reported case;
  • BA (Perceived bias − Israel − Gaza) Israel [2004] UKIAT 00118 − A Tribunal  reported case, subsequently remitted by the Court of Appeal.

Public law & judicial review

Barnabas has extensive experience as a barrister in public law including unlawful detention, immigration and national security cases.

Barnabas has a particular interest in terrorism and national security cases and represented an Iraqi national in ‘control order’ (house arrest) proceedings under the Prevention of Terrorism Act in a successful challenge in JJ and others in the House of Lords. More recently he represented in AHK v SSHD a lead case on the refusal to grant naturalisation on national security grounds and in XH v SSHD a lead case concerning the confiscation of passports on national security grounds.

Recent cases

  • R (XH & Another) v Secretary of State for the Home Department [2016] EWHC 1898 (Admin) (Hamblen LJ, Cranston J) 28 July 2016 – XH and AI had had their passports cancelled on the basis that they were likely to travel abroad and engage in terrorism related activities. The Court found that the use of the Royal Prerogative to cancel the passports was lawful and rejected the argument that the Terrorism Prevention and Investigation Measures Act 2011 had displaced the prerogative;
  • Secretary of State for the Home Department v AL [2016] EWHC 1845 (Admin) (Collins J) 21 July 2016 – The Respondent sought a quashing of the control order on the basis that the making of the order was flawed;
  • XH v Secretary Of State For The Home Department [2015] EWHC 2932 (Admin) – High Court decides whether to make a declaration under section 6 of the Justice and Security Act 2013 permitting a closed material procedure;
  • R (on the application of (1) AHK (2) AM (3) AS (4) FM) v Secretary of State for the Home Department [2014] EWCA Civ 151 – Court of Appeal considers whether national security JR’s should  be stayed pending appeals to SIAC;
  • (1) AHK (2) AM (3) AS (4) FM v  Secretary of State for the Home Department [2013] EWHC 1426 (Admin) – a lead concerning disclosure requirements in the context of refusal of citizenship on grounds of good character, in which the High Court rules that the  public interest immunity process is not incompatible with Art.8 and 10 ECHR;
  • JJ v Secretary of State [2008] 1 AC 385 (HL) – A successful challenge in the House of Lords under the Prevention of Terrorism Act 2005, in the  first case on control orders  (indefinite house arrest) to reach the House;
  • JJ and others v SSHD [2006] EWCA Civ 1141; -[2006] EWHC 1623: a control order case under the Prevention of Terrorism Act 2005;
  • [Please see Immigration and Asylum above for judicial details of reported judicial reviews in this area].

Qualifications

BA (Hons)

Education

University of Bristol (1986-1989)

Hobbies & interests

Tennis

Languages

French (Reading)

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