Year of Call: 2015Jonathan practices in all areas of immigration law. He specialises in advising and representing individuals in claims for international protection before the First-tier Tribunal and Upper Tribunal. He also represents claimants in judicial review proceedings challenging the decisions of public authorities relating to immigration matters and removal. Jonathan is able to take instructions on matters of business immigration law, and the points based system.
Jonathan regularly provides advice and representation for pro bono organisations, including Bail for Immigration Detainees, the AIRE centre and the Bar Pro Bono Unit.
Prior to joining Mansfield Chambers, Jonathan practiced at Garden Court Chambers, in the areas of immigration, asylum and criminal law.
Before joining the Bar, Jonathan taught law at both University College London and the London School of Economics. He worked extensively in the Human Rights sector, alongside NGOs, charities and international organisations. He co-founded and Directed Just Fair, the UK's leading economic and social human rights NGO (www.just-fair.co.uk). In this role, Jonathan regularly advocated for Human Rights in both the Houses of Parliament and the Ministry of Justice. His human rights work has received coverage in the broadcast and print media, including Channel 4, Al Jazeera, The Independent, The Mirror, and The Guardian.
SSHD v TS [2016] Upper Tribunal (IAC). Client had been granted leave to remain by the FTT as an extended family member of an EEA national. SSHD appealed to the UT. Successfully defended against the appeal, reliant on Moneke, arguing that the client was dependent on his sister-in-law while in the USA, prior to coming to the UK.
SU v SSHD [2015] FTT (IAC). Successful appeal against removal (Article 8 ECHR and best interests of the child) on behalf of Nigerian parents and daughter (7 years). Mother had PTSD having been tortured as a child in Nigeria. Family granted leave to remain. Case referred by Coram Children’s Centre.
SA v SSHD [2015] FTT (IAC). Successful asylum appeal. Client was a Sudenese national. Witnesses called and examined in chief to show that the client was a member of the persecuted Al Berti tribe, in light of his accent and family history.
AS v SSHD [2015] FTT (IAC). Successful asylum appeal. Client was an unaccompanied Afghan minor. Successfully argued that he had previously been forcibly recruited by the Taliban, could not return to his home province, and could not relocate to Kabul given the absence of any family support networks.
BM (Congo) v SSHD [2015] UKUT 293 IAT. Worked with Sonali Naik in Congo DRC country guidance case concerning failed asylum seekers and foreign national offenders.
OL v SSHD [2015] FTT (IAC). Deportation appeal. Instructed by Article 8 Deportation Advice Project (ADAP). SSHD cancelled the deportation order, after being forced to concede that the client was innocent, and that this was a case of mistaken identity.
RM v ECO [2015] FTT (IAC). FTT appeal of refusal to grant Entry Clearance to partner of a Jamaican national with ILR.
Numerous bails in the FTT for both Bail for Immigration Detainees (BID) and private clients, involving matters of deportation, certification, asylum and human rights challenges. So far, in 2016, Jonathan has applied for bail on behalf of 9 Applicants, and all 9 have been granted bail.
AA (Afghanistan) v SSHD [2015] UKSC 40. Worked with Nadine Finch and the Office of the Children’s Commission in the Supreme Court appeal concerning tracing and the right to an effective asylum remedy.
LL v DLAA [2015] Upper Tribunal (IAC). Worked with Sonali Naik in a challenge to the LAA’s refusal of Exceptional Case Funding. The claimant had PTSD after being sexually abused when she was a child in St Lucia. It was held that the LAA’s decision had been unfair and flawed because it had relied on the decision of the FTT, which was later set aside by the UT on grounds of procedural fairness. The LAA will now have to reconsider the claimant’s application for funding for the fresh appeal in the FTT.
Dinjan Hysaj v SSHD [2014] EWCA Civ 1633. Worked with Sonali Naik on Court of Appeal matter concerning the application of Mitchell/Denton principles to extensions of time.
Thurrock CC v Harmonioux [2015] CC (Housing). Drafted legal opinion challenging council’s possession order on grounds of Art 8 ECHR and public law defence. Council dropped possession on receipt of LBA communicating the opinion.
R (Stirling) v Haringey LB ([2013] EWCA Civ 116). Worked with Ian Wise QC and Jamie Burton in JR challenge to Haringey's council tax reduction scheme.
Cerrejón v Procurador para Asuntos Administrativos (2013, No: 2010-00775). Worked on an Amicus Curiae to the Colombian Constitutional Court, concerning right to health of indigenous Colombian tribal peoples affected by Cerrejón coal mining. (Bar Human Rights Committee and Deighton Pierce Glynn).
Caleb Orozco v. Belize (2013). Worked on an Amicus Curiae to Constitutional Court of Belize in a challenge to s53 Criminal Code of Belize, which criminalises homosexuality (Human Dignity Trust and Jonathan Cooper).
Equality, Human Rights and Public Service Spending Cuts (Equal Rights Review, 2013, Vol. 11)
Parliament's Role in the Abolition of Freedom in 'The Convention on Modern Liberty' (Imprint Academic, 2010)
Combating Social Injustice in an Age of Austerity (Equality and Human Rights Commission, 2011) (Editor)
Houses of Parliament: 'Human Right to Food (2014); 'Right to shelter ' (2013); 'Food Poverty in the UK’ (2013)
Lectures at HRLA conferences (2012 and 2013): 'Protecting Human Rights: An NGO Perspective'
Training workshop at Law Society conference: Fair trials – UK and European perspective (London, May 2011)
Bar Professional Training Course, University of Law
LLM (Masters) Law, University College London
LLB (Hons) Law, Kings College London
Mansfield Chambers endorses the sentiments of MIA's Borders. The images in MIA's video are illustrative of the issues faced by many of Mansfield Chambers' clients, and demonstrate the pressing need for the opening of bo ...
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