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DT 1831 Article 8 ECHR Update (MANCHESTER)

Reviewing the protection afforded by Article 8 ECHR in 2019, in conjunction with recent authorities and policy/statutory changes, in order to equip practitioners for their cases relying on family and private life. 

Event details

Date(s):01 August 2019
Start Time:16:00
End Time:19:15
Audience:The session is aimed at all practitioners who are advising clients on claims relating to their family and private lives. Some initial familiarity with Article 8 would be useful, as this is not an introductory course.
Main area:Immigration;Family Immigration;Removal/deportation
Main area other:The aim is to bring practitioners up-to-date with developments in the law on Article 8. 
The topics include: 
  • the relationship between Article 8 and the Immigration Rules and the public interest considerations in the NIAA 2002 (as amended);
  • 'insurmountable obstacles' and family life;
  • the best interests of children;
  • dependent relatives, carers, and 'non-standard' family life;
  • Article 8 and students/workers;
  • criminal deportation;
  • Article 8 and appeals, including 'new matters'
Tutor details:Vijay Jagadesham and Natalie Wilkins of Garden Court North Chambers
Tutor biographies:Vijay Jagadesham, Garden Court North Chambers

Vijay's practice encompasses public law, immigration and asylum law and civil actions against public authorities, with a particular emphasis on vulnerable clients and challenges under the Equality Act 2010. Vijay has appeared at all levels up to and including the Supreme Court, where the Court determined the correct approach to fairness in decision-making, under the common law and ECHR (Osborn) and departed from an earlier House of Lords decision in considering the duties owed to indeterminate sentence prisoners (Kaiyam). Vijay undertakes pro bono work and has spent considerable time in the past year volunteering as a legal advisor in the refugee camps in Greece.

Vijay undertakes the full range of immigration and asylum law and is recommended as “a first choice if the case concerns children or vulnerable clients” (Chambers and Partners 2012). He appears regularly in the First-tier and Upper Tribunal and is experienced in drafting and presenting appeals to the Court of Appeal, where he has exposed “unfair” and “obscure” decision-making by the Home Office (San Michael).

Vijay’s civil litigation practice means that he is particularly well placed to bring age dispute challenges against local authorities and he recently represented a minor where the Upper Tribunal accepted his stated age of 16, despite the social workers maintaining he was over 25.

Vijay draws on his significant public law expertise in respect of challenges concerning fresh claims, detention and challenges on behalf of sponsorship organisations and in relation to points-based applications. He also advises on claims for damages, under the common law and Article 5 of the ECHR. He is a contributor to the 9th edition of Macdonald’s Immigration Law and Practice.

Natalie Wilkins, Garden Court North Chambers

Natalie practises in asylum and immigration, family, housing, and public law. She has an extensive IAC appeals practice, including Article 8 ECHR cases covering family splitting, disputed relationships, health and elders, lone women, deportation, long residence and as well as past deception and rules-based cases including refugee family reunion which have, since the changes to the appeals regime, pushed the boundaries of the Tribunal’s human rights jurisdiction.

Natalie is particularly interested in the overlap between immigration and family law, especially where children are involved, and represents clients in such cases in both jurisdictions, for example in cases where parents are separated. She also advises in care proceedings on ways to safeguard the status of children and/or their carers in the UK, often using Article 8 ECHR routes.

Natalie frequently represents vulnerable clients such as survivors of trafficking and/or domestic violence and clients with mental health issues. Natalie’s academic and work background in international relations and development also gives her a strong focus on asylum and human rights claims involving complex country evidence. She is a contributor to the 9th edition of Macdonald’s Immigration Law and Practice (chapters on students and the common travel area).

Natalie’s public law practice is focused on judicial reviews including asylum, immigration and nationality issues. She has undertaken a large number of claims relating to delay in immigration decision-making, and is tracking the ongoing tension between principles in EB (Kosovo) relating to delay and Article 8 ECHR and the current statutory regime.

PriceNon Member Training Prices: £240
Member Training Prices: £120
Concessionary Training Prices: £60

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