“A very good advocate who is particularly thorough”

Chambers and Partners, 2017

PERSONAL PROFILE

An established, busy and well respected practitioner who is highly sought after with an excellent success rate and 19 years’ extensive experience in judicial review, human rights and immigration. 

Tasaddat has become renowned for his expertise and breadth of understanding and will always approach each case with commitment and enthusiasm.  He is prepared to consider conducting pro-bono work on a case by case basis. He regularly conducts applications for none profit organisations such as Bail for Immigration Detainees (BID) and Manuel Bravo, as well as other charitable organisations.

AREAS OF EXPERTISE

Judicial Review

 

·      Asylum/Immigration - fresh claim refusals, certifications, challenging removal directions, delay in processing claims, refusals of immigration claims where there is no right of appeal (e.g. Article 8)

·      Cart challenges

·      Asylum support - refusal of s.4 or s.95 support where there is no right of appeal to the AST, the appropriateness of accommodation, refusals of Local Authorities to support under s.21 NAA 1948

·      UASC - disputes regarding claimed and assessed age, the type of support provided (namely s.17 or s.20 CA 1989): entitlement of children leaving care services; disputes between Local Authorities regarding responsibility for UASC

Asylum Law and Human Rights

Tasaddat presents asylum, human rights and deportation appeals at all levels before the IAC. He has undertaken a number of country guidance cases.  He accepts instructions to draft grounds seeking permission to appeal in complex matters on behalf of solicitors who require his particular expertise.  He is renowned for his work relating to Article 8 ECHR and is often retained by clients seeking a practitioner with a deep understanding of this rapidly evolving sphere of Human Rights law.  He regularly appears before the Court of Appeal on both asylum and human rights matters and has successfully conducted cases both as a junior and in his own right.

Sports Immigration

The increase in foreign sportspeople in the United Kingdom, coupled with global sporting events, has led to an increasing demand for immigration law in this particular sector.  Tasaddat has a breadth of knowledge and understanding which is unrivalled, providing a bespoke and results-focussed service for international sporting clients.

Immigration Law

Tasaddat undertakes commercial immigration work, representing and advising business clients in all aspects of commercial immigration and the points based system.

Solicitor Disciplinary Appeals

Tasaddat conducts appeals before the SRA Adjudicator Panel and the High Court against alleged transgressions under the Code of Conduct and applications for re-instatement to the Roll as a solicitor. Tasaddat has successfully undertaken appeals on behalf of individuals seeking reinstatement after being “struck off”.

Family Law

Tasaddat is regularly retained to advise on family matters with an immigration aspect. For example issues involving domicile, the relevance of on-going contact proceedings in deportation appeals and the rights of other family members, typically children and/or an estranged parent and the impact upon their rights from immigration decisions.

REPORTED CASES

MST and Others (national service – risk categories) Eritrea CG [2016] UKUT 443 (IAC) (7 October 2016) 

The Upper Tribunal rejected the United Kingdom Government's policy that underpinned their arguments, and found that there has been no significant and durable change in the human rights situation in Eritrea.  The Eritrean Government continues to subject its citizens to indefinite military/national service, during which conscripts were exposed to severely abusive treatment and torture.

The Eritrean Government continues to view citizens who leave Eritrea to escape such abusive condition as having left the country illegally and "deserted" or "evaded" national service and routinely subject returnees to persecution and ill-treatment.

Significantly, the Upper Tribunal broke new ground to establish that the requirement to undertake military service is unlawful as it amounts to forced labour contrary to Article 4(2) of the European Convention on Human Rights.

Moreover, the Upper Tribunal closed off once and for all, the flawed argument advanced by the Home Office that Eritrean citizens (who had left the country unlawfully) are able to avoid persecution by paying a "diaspora tax" to the Eritrean government and signing a letter of regret for acts of treachery against the state:"334... we do not accept that the evidence goes anywhere close to establishing that the payment of the tax and the signing of the letter would enable draft evaders and deserters to reconcile with the Eritrean authorities."

This decision secures important recognition and protection for Eritreans who routinely face severe ill treatment, persecution and even death upon return.

MST and others (Disclosure - restrictions - implied undertaking) Eritrea [2016] UKUT 337 (IAC)

(i) In some cases the overriding objective will dictate that the respondent's skeleton argument is served in advance of that of the appellant.

(ii) The test for disclosure is whether receipt of the material in question is necessary for the just and fair disposal of the appeal.

(iii) Where uncorroborated and/or anonymous evidence is received, the Tribunal's task is to scrutinise it with caution and to attribute such weight as is considered appropriate.

(iv) Documents obtained by a party pursuant to disclosure or production orders or directions are produced under coercion and, in consequence, are received subject to certain restrictions. In particular, they must not be deployed by the receiving party for any collateral or ulterior purpose not reasonably necessary for the proper conduct of the proceedings.

(v) The so-called implied undertaking, reflected in [iv] above, applies in Tribunal proceedings. However, it may be subject to modification to reflect (a) that the primacy of protecting a party's private documents and invading a party's privacy does not apply with full force in such proceedings, particularly where the custodian is the Secretary of State, (b) the duty of candour owed to the Tribunal and (c) the inquisitorial dimension of Tribunal proceedings.

(vi) In matters of disclosure and the provision and exchange of evidence, all parties are subordinated to the authority of the Tribunal, which is the ultimate arbiter of all procedural and substantive issues.

HF  (Iraq) & ors v Secretary of State for the Home Department [2013] EWCA Civ 1276 (23 October 2013)

Returns to Iraq, Article 15c, weight to be attached to UNHCR, internal flight

Azimi-Moayed and others (Decisions affecting children; Onward appeals) Iran (Rev.1) [2013] UKUT 197 (IAC)

Upper Tribunal identified the applicable principles to assist in the determination of appeals where children are affected by an immigration decision.

Zubair (EEA Regulations; self-employed persons) Pakistan [2013] UKUT 196 (IAC) (11th April 2013)

The provisions of the Immigration (European Economic Area) Regulations 2006 concerning, respectively, self-employed persons and workers ultimately derive from different previous Directives and cannot be elided so as, for example, to create a concept of "self-employment seeking".

Accordingly, a person cannot combine a period of self-employment with a period of seeking employment, so as to achieve a requisite period of residence under the Regulations.

NN (Teachers; Matabeleland/Bulawayo; Risk) Zimbabwe CG [2013] UKUT 198 (IAC)

Risk to teachers/former teachers from Matabeleland and Bulawayo.

Jahan A R Yarce v ECO (Madrid) [2012] UKUT 425 (IAC)

(1) The rules governing (and approach to be taken) in the assessment of "capital" and a sponsor's entitlement to state benefits and/or "recourse to public funds"; (2) their impact in immigration cases on the maintenance assessment under the Immigration Rules pre- and post-July 2012; (3) adequacy of maintenance from third-party support via a Quistclose trust pre- and post-July 2012; (4) Evidential burden and standard of proof in cases involving Quistclose trusts and third party support.

HM & others (Article 15(c)) Iraq CG [2012] UKUT 00409 (IAC) (13th November 2012)

Country guidance  on returns to Iraq, risk categories, internal flight and internal armed conflict, Article 15(c).

MK (Documents - Relocation) Iraq CG ([2012] UKUT 00126 (IAC))

Women and Children, Internal flight, risk on return.

PR (Sri Lanka), SS (Bangladesh), TC (Zimbabwe)[2011] EWCA Civ 988

Test cases on the application of the "second-tier appeals test" (under section 13(6) of the Tribunals Courts and Enforcement Act 2007) to immigration and asylum cases. "Realistic prospects of success" is not enough.  Permission to appeal may only be given if there is an important point of principle or practice or "other compelling reason" for the Court of Appeal to hear the case: this must be "legally compelling". 

T,R (on the application of) v Secretary of State for the Home Department [2011] EWHC 557 (Admin)

Fresh Claim - para 353 HC 395

PRH (A Firm) v LSC [2011] EWHC 1323 (QB)

Judicial Review against LAA’s (formerly LSC) failure to award an immigration contract.

SM (Iran) [2010] EWCA Civ 371

Court of Appeal held UT erred in law by: "reject[ing] the PTSD diagnosis out of hand and for these shaky negative reasons [failed] ..... to accord the ....anxious scrutiny which the case required.”

The Queen on the Application of Jia Fu Zhang v. The Secretary of State for the Home Department [2008] EWHC 3050 (Admin)

Secretary of State acted unlawfully in refusing to treat the Claimant's representations as amounting to a fresh claim under paragraph 353 of the Immigration Rules. Secretary of State was order to reconsider her decision in accordance with the law. 

JT (Cameroon) [2008] EWCA Civ 878

Whether it was lawful for the Tribunal to place determinative weight upon particular conduct identified under s8 of the Asylum and Immigration (Treatment of Claimants) Act 2004 as damaging the credibility of a Claimant to such an extent that it outweighed (a) accepted supporting medical evidence confirming scarring inflicted from torture in a manner and at a time consistent with the core of the claim, (b) supporting objective evidence of the treatment meted out to the claimant and (c) corroborating oral evidence from witnesses.

The Court of Appeal interpreted s8 the Asylum & Immigration (Treatment of Claimants etc) Act 2004 to ensure compatibility with the overriding duty to apply close and anxious scrutiny to an asylum and human rights claim. Despite there being no apparent ambiguity in the clear wording of the provision, the court went on to insert an additional word so that the provision would not offend the doctrine of separation of powers and implicitly, the right to a fair hearing.

“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.” Appeal allowed and remitted to AIT. Upon remittal, Home Office conceded appeal and granted refugee status. 

Ali v. Law Society (No. 21 of 2007) {2008] EWCA Civ 769

Guideline case before the Master of the Rolls on the principles governing the conduct of the SRA’s Adjudicator Panel when investigating allegations of dishonesty against its members. Appeal allowed and Petitioner reinstated. 

RZ (Eurodac – fingerprint match - admissible) Eritrea [2008] UKAIT 00007

Guidelines for the admissibility of finger print evidence from the EU finger print data base. The principles governing the use of such evidence, the burden and standard of proof to be applied when evidence was produced by the system of past claims in order to expose deception in the current asylum application. 

SH (Bangladesh) v. SSHD [2007] EWCA Civ 1196

Women in Bangladesh; particular social group under the Refugee Convention. 

KJ (Entry Clearance Proportionality) Iraq CG [2005] UKIAT 00066

Removal to Iraq in order to apply for entry clearance as a spouse from Jordan held to be an unlawful interference with right to family life under Article 8 ECHR.

HD (Prison Conditions Iran - Record of Proceedings ECHR Article 3) Iran [2004] UKIAT 0020

Political prisoners and prison conditions; breach of Article 3 ECHR

Media comment

The Upper Tribunal has given new country guidance on Eritrea in the case of MST and others (national service – risk categories) Eritrea CG [2016] UKUT 00443 (IAC) in which Tasaddat Hussain appeared for the appellants along with Stephen Knafler QC for IAS and Fountain Solicitors LLP.

The Upper Tribunal rejected the United Kingdom Government’s policy that underpinned their argument, and found that there has been no significant and durable change in the human rights situation in Eritrea. The Eritrean Government continues to subject its citizens to indefinite military/national service, during which conscripts are routinely exposed to severely abusive treatment.

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You can connect with Tasaddat through his LinkedIn profile.

RECOMMENDATIONS

“Acclaimed for his expertise in administrative and public law cases concerning immigration and asylum.  He is also adept at judicial reviews challenging public body decisions in healthcare, social care and prison law.”  Chambers & Partners, 2017

“Recommendations for judicial review and immigration cases.” The Legal 500

“Tasaddat's knowledge of the law is immediately apparent on speaking with him. He is well versed on immigration and human rights matters and his work both thorough and impressive. A high-calibre advocate who is conscientious, responsive and has notable expertise, whilst remaining friendly and approachable.” Parklane Plowden Chamber, 2016

“I have always found him to be very knowledgeable and detailed in this field of work.  He always approaches each case with enormous enthusiasm, and he will often go above and beyond what is required to assist in the progress of a case.” Chambers & Partners, 2014

“I have known Tasaddat for several years over various cases, including a country guidance case. He worked tirelessly on this case, and was always going the extra mile. He has excellent detailed knowledge of the law, is an excellent advocate, and it is no surprise that he is involved in many country guidance and higher appeal cases as I would say he is a leader in his field. Helpful, supportive ,and always ready to guide I really must thank Tasaddat for his professionalism and great working manner. I would highly recommend him.” Solicitor at Herbert Smith Freehills 

MEMBERSHIPS & ASSOCIATIONS

Public Administrative Law Bar Association

Northern Administrative Law Association

JCWI

Amnesty International

ILPA

Approved advocate for Bail for Immigration Detainees