Rory has almost 20 years' experience in the asylum and immigration field and has appeared in the Court of Appeal and Supreme Court. His practice covers the full spectrum of immigration law ranging from business and personal immigration issues, PBS, EU free movement and entry clearance appeals at first instance and on appeal/reconsideration through to asylum, human rights, trafficking, deportation and removal cases. Rory is recommended as a leading junior in Immigration “He has a highly methodical and understated approach, but it's hugely effective; you can rely on him to get the job done” (Chambers & Partners 2014) and is “is praised by instructing solicitors for his sensitive handling of refugees and vulnerable claimants “ (Chambers & Partners 2015).
Rory also acts in judicial review proceedings in areas including immigration and asylum, asylum support, homelessness and allocations and community care. He has a significant Court of Protection practice which includes cases arising from the social welfare and housing spheres in which Rory is instructed by the Official Solicitor where a party lacks mental capacity.
Rory gained five years' experience of Adjudicator and Tribunal hearings prior to being called to the bar, as Caseworker and subsequently Legal Officer at Refugee Legal Centre, London (1995-2000). Prior to that, he spent several years employed as Welfare Rights Worker, including employment in Liverpool City Council Welfare Rights Unit, and London East AIDS Network. Rory undertook pupillage at Arden Chambers, and Mitre House Chambers, London and has been a tenant of Garden Court North Chambers since 2002.
AREAS OF EXPERTISE
Rory acts in judicial review proceedings in areas including immigration and asylum, asylum support, homelessness and allocations and community care. Includes experience of applications for interim injunctive relief, by urgent paper application, telephone application, and, since the regionalisation of the Administrative Court, by way of without notice applications in person.
Rory has almost twenty years' experience in the asylum and immigration field, having previously worked as Legal Officer for the Refugee Legal Centre before being called to the Bar. He has considerable experience of conducting asylum, human rights, PBS, trafficking and entry clearance appeals at first instance and on appeal/reconsideration, and has appeared in the Court of Appeal and Supreme Court.
Rory deals with increasing numbers of appeals against deportation following the introduction of automatic deportation of "foreign criminals" by the UK Borders Act 2007, under which such persons must be deported unless contrary to the Refugee or ECHR conventions or EC law. He deals with deportation cases involving serious criminal offences including manslaughter, rape and other serious sexual offences, and cases involving supply of class A drugs.
Rory also has considerable experience of bringing judicial review challenges against refusals by the Secretary of State to accept fresh claims for asylum.
In 2015, Rory was appointed as a Deputy Upper Tribunal Judge (Immigration and Asylum Chamber) and sits part time at Field House.
Social Welfare and Housing
Rory acts in both public and private residential landlord and tenant possession proceedings, in particular arising from neighbour nuisance; disrepair claims including claims for personal injury; unlawful eviction; anti social behaviour injunctions; homelessness, including appeals to the county court; and judicial review of housing authority decisions.
Rory has been instructed by the Official Solicitor in cases where a party lacked mental capacity, and has appeared in the Court of Protection in relation to proceedings under the Mental Capacity Act 2005. Rory has experience in asylum support cases, and is developing his experience in community care law. Rory has also appeared as Counsel before the Social Security Appeal Tribunal (now the Social Entitlement Chamber of the First Tier Tribunal).
Court of Protection
Rory has appeared in the Court of Protection in Leeds and Manchester, instructed in each case by Respondents who were family members of the person lacking capacity, in respect of disputes involving P's welfare. The cases have required the Court to decide where P was to live and with whom P was to have contact; in one case where there were very serious concerns about the risk of harm to P if some family members were permitted to have contact with her. Rory has been involved in the instruction of expert witnesses such as independent social workers, and has undertaken advisory work in addition to advocacy.
In addition to matters in the Court of Protection itself, Rory has dealt with a number of cases in the County Court in his social housing practice where a Defendant has lacked, or appeared to lack capacity. He was recently successful in obtaining an order dismissing a landlord's application for final injunction and for committal for breach of interim injunction on the basis of the Defendant's lack of capacity to retain information about the nuisance clauses in her tenancy agreement, or the terms of an interim injunction.
Rory has also acted in a complex case involving a local authority appointeeship unit acting as deputy for P, issuing possession proceedings against P's brother who had been granted a license to occupy P's property prior to P lacking capacity. This involved the licensee applying to be substituted for the appointeeship unit as deputy for P.
Rory has also been involved in disputes with local authorities regarding lack of effective assessment under s.47 NHSCCA 1990 and lawfulness of decisions as to provision of services. He is interested in cases where local authorities appear to have a conflict of interest; on the one hand seeking orders declaring it to be in the best interests of P to remain in residential care (a consequence of which would be that P's home would be taken into account as a capital resource) whilst on the other hand failing to prepare adequate care plans and support packages for a proposed discharge of P to their home.
- Peters, R (on the Application of) v Secretary of State for the Home Department  EWHC 1336 (Admin) (19 March 2014).
- M A-H ( Iraq) v Secretary of state For the home department  EWCA Civ 445 (30 January 2013). Judgment.
- Mahad (previously referred to as AM) (Ethiopia) v Entry Clearance Officer  UKSC 16 - third party support and joint sponsorship in settlement entry clearance cases on appeal from AM (Ethiopia) & Ors & Anor v Entry Clearance Officer  EWCA Civ 1082.
- AA (Somalia) v Secretary of State for the Home Department : AH (Iran) v Secretary of State for the Home Department  EWCA Civ 1040;  All ER (D) 395 (Oct) (different appellants with closely related factual circumstances).
- SA and IA (Undocumented Kurds) Syria CG  UKAIT 00006 (02 February 2009) (notable country guidance case.) Rory O'Ryan appeared for SA.
- NB and JN (right of permanent residence) France  UKAIT 00039.
Leading Junior in Immigration: Northern and North Eastern (2016) "Has extensive experience acting in public law and social welfare matters. He has a broad immigration practice and is praised for his skilled representation of vulnerable clients . He has particular expertise in PBS, trafficking and asylum claims." Chambers & Partners 2016
Public Law - Northern Circuit (2015) "He particularly excels where a technical legal argument is involved." UK Legal 500 2015
L eading Junior in Immigration: Northern (2015) "Devotes a significant portion of his practice to public law matters including personal immigration. He is noted for his expertise in obtaining emergency injunctive relief in deportation or removal cases, and is praised by instructing solicitors for his sensitive handling of refugees and vulnerable claimants." Chambers & Partners 2015
Leading Junior in Immigration: Northern (2014) "Has a broad immigration practice and advises on everything from human rights and asylum cases to appeals under the points-based immigration system. 'He has a highly methodical and understated approach, but it's hugely effective; you can rely on him to get the job done'." Chambers & Partners 2014
Leading Junior in Immigration: Northern (2013) "Rory O'Ryan handles all aspects of immigration and asylum appeals, and has extensive experience as an immigration caseworker..." Chambers & Partners 2013
Regional Bar - Northern Circuit - Regulatory and Public Law (2012) "Rory O'Ryan specialise[s] in public law work involving immigration and asylum matters." Legal 500 2012
Leading Junior in Immigration: Northern (2012) "Rory O'Ryan handles complicated and wide-ranging cases. Sources say: "He is meticulous and excellent on procedure." Moreover, he has "a calm and confident presence in tribunals and the ability to cut to the chase without alienating the client." He recently acted in cases involving migrants seeking leave to remain seeking contact with their children under the Immigration Rules or for Article 8 purposes." Chambers & Partners 2012
Regional Bar - Northern Circuit - Regulatory and Public Law (2011) "Rory O'Ryan has an 'astute eye for detail and technical arguments relating to the Immigration Rules and EEA Regulations'." Legal 500 2011
Leading Junior in Immigration: Northern (2011) "Rory O'Ryan is "extremely thorough and clear in his advice." Chambers & Partners 2011
Leading Junior in Immigration: Northern (2010) "Rory O'Ryan has extensive immigration experience, having previously worked as a legal officer for the Refugee Legal Centre (now Refugee and Migrant Justice), before being called to the Bar." Chambers & Partners 2010
Leading Junior in Immigration: Northern (2009) "Rory O'Ryan is another of the set's acknowledged immigration experts, and has grabbed his share of the limelight recently due to his work in cases involving Somali asylum seekers." Chambers & Partners 2009
Leading Junior in Immigration: Northern (2008) "Rory O'Ryan is especially adept at cases involving Somali asylum seekers and demonstrates a solid base of immigration knowledge." Chambers & Partners 2008
Leading Junior in Immigration: Northern (2007) "New entrant Rory O'Ryan's practice encompasses all aspects of asylum, immigration and nationality law including human rights and entry clearance cases. His previous experience as legal officer for the Refugee Legal Centre was described as being 'a beneficial tool in his box.' A 'clever and committed' practitioner, he also displays particular expertise in Somali asylum cases." Chambers & Partners 2007
PUBLICATIONS & SEMINARS
Rory regularly delivers legal education and training to solicitors, case workers and not-for-profit organisations.
16/10/15 - Speaker at GCN Immigration update seminar "Article 8 update including the implications of recent caselaw and the interplay with the Immigration Rules"
23/4/15 - Speaker at ILPA Business Immigration conference "A review of PBS developments – past trends and future predictions" (Manchester)
12/2/15 - Speaker at "How to do Judicial Review - Manchester - February 2015" (PLP Training)
Contributor, Macdonald’s Immigration Law and Practice (9th edn., Butterworths: London, 2015).
28/3/11 - Should Further Submissions be Treated as Fresh Claims? (Lexis Nexis Current Awareness).
Contributor, Terrence Higgins Trust's Guide to Benefits for People with HIV/AIDS.
3/12/10 - Speaker at ILPA Training "Tier 1 (General) everything an experienced practitioner should know" (Leeds)
MEMBERSHIPS & ASSOCIATIONS
- Housing Law Practitioners Association
- Northern Administrative Law Association