She has a brilliant, agile mind that can quickly get to the crux of the matter regardless of the complexity of the caseLegal 500, 2021 (Immigration)
Helen joined Garden Court North Chambers as an Associate Member in November 2020.
Helen is a barrister specialising in immigration, public law, human rights and nationality law. She is ranked in Chambers and Partners and the Legal 500 for immigration. She is public access accredited and welcomes enquiries from individuals or organisations seeking advice or representation.
Helen is an experienced advocate in the First-tier and Upper Tribunal and the Administrative Court. She has appeared in the Court of Appeal and Supreme Court, where she acted as junior counsel for the appellants in KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 and R (Hysaj and others) v Secretary of State for the Home Department [2017] UKSC 82. She specializes in complex protection claims on behalf of victims of trafficking, LGBTI refugees and those fleeing gender-specific persecution. Many of her cases involve children’s rights.
Helen’s judicial review practice comprises challenges to immigration detention, removal and deportation, certification of protection claims and decisions under the National Referral Mechanism for identifying victims of trafficking and modern slavery.
Helen also acts in civil claims against public authorities in the immigration context, including claims in false imprisonment and claims for damages under the Human Rights Act 1998.
NOTABLE CASES
KB(Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385
Successful deportation appeal on behalf of a father of four British children. The Court considered the “unduly harsh” test and followed HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176
SC (paras A398-399D: ‘foreign criminal’: procedure) Albania [2020] UKUT 00187 (IAC)The Tribunal considered the correct approach to Article 8 ECHR in deportation appeals when an appellant is convicted overseas and is thus not a “foreign criminal” within the Immigration Rules or section 117D of the Nationality, Immigration and Asylum Act 2002.
ATP v The Home Office (2018) Claim for damages in false imprisonment and for breaches of Articles 4 and 8 ECHR on behalf of a Vietnamese trafficking victim.
Omotosho v The United Kingdom Application No. 22225/19
Pending application to the European Court of Human Rights on behalf of the children of the appellant in KO (Nigeria) v SSHD [2018] UKSC 53. Concerns the UK courts’ approach to the rights of the children of foreign criminals under Articles 3 and 12 of the UN Convention on the Rights of the Child as well as Article 8 ECHR.
KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53
When considering whether the effect of deportation on a qualifying child is “unduly harsh” under section 117C(5) of the Nationality, Immigration and Asylum Act 2002, whether the court should take into account wider public interest considerations, or focus on the child only.
R (VRB) v Secretary of State for the Home Department JR/3746/2017
A decision to refuse indefinite leave to remain to a child victim of sexual exploitation was in breach of the Secretary of State’s duties under section 55 of the Borders, Citizens and Immigration Act 2009 and unlawfully fettered her discretion to grant ILR outside the Rules.
R (Shoriful Islam) v Secretary of State for the Home Department JR/5121/2017
A decision to certify the applicant’s asylum claim pursuant to section 96 of the Nationality Immigration and Asylum Act 2002 was unlawful since it failed to follow the Secretary of State’s policy and the principles established in A, B and C v Staatssecretaris van Veiligheid en Justitie relating to delay in disclosure on the
part of gay individuals claiming asylum.
Awuah and Others (No1) [2017] UKFTT 555; Awuah (No 2) HU/04300/2015
Guidance cases on costs in the First-tier Tribunal, concerning the meaning of “unreasonable conduct” on the part of the Secretary of State for the purposes of Rule 9(2)(b) of the Tribunal Procedure (First-tier Tribunal). (Immigration and Asylum Chamber) Rules 2014 (see Awuah No. 2).
R (MA (Bangladesh)) v Secretary of State for the Home Department JR/2652/2015
Challenge to detention within the detained fast-track and attempted removal of claimant accepted for referral by the Helen Bamber Foundation as a potential victim of torture. Linked to JM and others CO/377/2015.
SE (Ireland) v Secretary of State for the Home Department C3/2011/1172
Appeal concerning the UK’s obligations under Zambrano to Irish citizen children who are settled in the UK and the prohibition on discrimination in Article 18 of the Treaty on the Functioning of the European Union.
R (Mustafa Abdul Hussein) v Secretary of State for the Home Department [2012] EWHC 1952 (Admin)
Judicial review of a decision to refuse to grant indefinite leave to remain to an Iraqi hijacker of a Sudanese airbus at Stansted airport in 1996, who was detained, tortured and sentenced to death under Saddam Hussein’s regime. Led by David Jones. Reported in The Independent, The Evening Standard and The Telegraph.
EN (Serbia) v Secretary of State for the Home Department [2009] EWCA Civ 630
Appeal concerning the meaning of “particularly serious crime” in section 72 of the Nationality, Immigration and Asylum Act 2002 and the requirements of Article 33(2) of the Refugee Convention. Assisted Kathryn Cronin during pupillage.
NATIONALITY
Helen represented the Appellants in the Supreme Court in R (Hysaj and Others) v Secretary of State for the Home Department [2017] UKSC 82 and has expertise in representing individuals whose citizenship is subject to deprivation proceedings where fraud is alleged. She regularly advises individuals on complex claims to British citizenship, including registration applications on behalf of minors and those with ancestral links to the UK. She is familiar with the independence legislation of several former British colonies.
Recent work includes advising the royal family of a former British protectorate in the Middle East on entitlement to citizenship, and a judicial review of a refusal to grant citizenship on character grounds where the Secretary of State failed to disclose her reasons for refusal on public interest grounds. Helen has also advised on a complaint to the UN Committee on the Elimination of Discrimination against Women (CEDAW) concerning the discriminatory effect of Kenyan independence legislation on women’s ability to transmit nationality to their children.
NOTABLE CASES
Hysaj (Deprivation of Citizenship: Delay) [2020] UKUT 00128 (IAC)
Guidance case on delay in the Secretary of State’s decision making where there is a historic unlawful “nullity” decision. On appeal to the Court of Appeal.
BM v The Home Office (2020)
Claim for damages in false imprisonment on behalf of a British citizen detained as the result of an unlawful decision that his citizenship was a nullity.
R (KP) v Secretary of State for the Home Department CO/4661/2018
Judicial review on behalf of a high-profile individual subject to an entry clearance ban as the result of allegations of corruption in Kenya. Concerns section 4B of the British Nationality Act, and the impact of Kenyan independence legislation on KP’s citizenship status.
Advising royal family of former British protectorate (2018)
Advising a member of the royal family of a former Sultanate and British protectorate in the Middle East as to whether they are entitled to British citizenship based on ancestral links to Yemen and Hyderabad, a former “Princely State” in India.
R (Hysaj and others) v Secretary of State for the Home Department [2017] UKSC 82
The Secretary of State’s decisions to treat the Appellants’ citizenship as a nullity were unlawful; the correct approach was to regard their citizenship as obtained as a result of fraud and therefore liable to deprivation. In giving judgment the Supreme Court overturned a long line of Court of Appeal authority concerning nullity where citizenship is obtained by impersonation.
Re AW (2016)
Advice on a complaint to the UN Committee on the Elimination of Discrimination Against Women (“CEDAW”) concerning gender discrimination in the Kenyan independence legislation, as the result of which the client’s mother was unable to transmit British nationality to him.
EXTRADITION
Helen has expertise in cases where individuals are subject to parallel asylum and extradition proceedings. She has advised and represented high-profile individuals at risk in their home countries on the basis of political activities who are subject to extradition requests from EU and non-EU states.
NOTABLE CASES
Re A (2016)
Advising and representing a high-profile individual subject to an extradition request in a human rights and protection claim. Concerned the “exceptional circumstances” test which must be met under the Immigration Rules for a protection claim by an EU citizen to be admitted for consideration by the Secretary of State.
Re MB (2016)
Advising a Turkish national accused of involvement in a coup on the impact of claiming asylum on forthcoming extradition proceedings.
Helen’s public law practice is focused on immigration and related community care law. She is regularly instructed in unlawful detention challenges, both in the Administrative Court and in civil claims for damages in the county court.
She is experienced in age assessment cases, as well as challenges to removal and deportation, certification of human rights and protection claims and decisions under the National Referral Mechanism. Helen acts in urgent applications for interim relief including injunctions preventing removal or deportation and is happy to be instructed at short notice.
NOTABLE CASES
R (VRB) v Secretary of State for the Home Department JR/3746/2017
A decision to refuse indefinite leave to remain to a child victim of sexual exploitation was in breach of the Secretary of State’s duties under section 55 of the Borders, Citizens and Immigration Act 2009 and unlawfully fettered her discretion to grant ILR outside the Rules.
R (Shoriful Islam) v Secretary of State for the Home Department JR/5121/27
A decision to certify the applicant’s asylum claim pursuant to section 96 of the of the Nationality Immigration and Asylum Act 2002 was unlawful since it failed to follow the Secretary of State’s policy and the principles established in A, B and C v Staatssecretaris van Veiligheid en Justitie relating to delay in disclosure on the part of gay individuals claiming asylum.
R(WRU) v Bristol City Council JR/5663/2016
Judicial review of age assessment carried out by the local authority. Claimant found to be a child and entitled to support under the Children Act 1989.
R (MA (Bangladesh)) v Secretary of State for the Home Department JR/2652/2015
Challenge to detention within the detained fast-track and attempted removal of claimant accepted for referral by the Helen Bamber Foundation as a potential victim of torture. Linked to JM and others CO/377/2015.
R (SR) v Hampshire County Council CO/11469/2012
Judicial review concerning the correct test to be applied at the permission stage where a claimant seeks to challenge an age assessment on traditional public law grounds and does not ask the Court to exercise its fact finding jurisdiction.
R (Mustafa Abdul Hussein) v Secretary of State for the Home Department [2012] EWHC1952 (Admin)
Judicial review of a decision to refuse to grant indefinite leave to remain to an Iraqi hijacker of a Sudanese airbus at Stansted airport in 1996, who was detained, tortured and sentenced to death under Saddam Hussein’s regime. Led by David Jones. Reported in The Independent, The Evening Standard and The Telegraph.
IMMIGRATION
KB(Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385
Successful deportation appeal on behalf of a father of four British children. The Court considered the “unduly harsh” test and followed HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176
SC (paras A398-399D: ‘foreign criminal’: procedure) Albania [2020] UKUT 00187 (IAC) The Tribunal considered the correct approach to Article 8 ECHR in deportation appeals when an appellant is convicted overseas and is thus not a “foreign criminal” within the Immigration Rules or section 117D of the Nationality, Immigration and Asylum Act 2002.
ATP v The Home Office (2018) Claim for damages in false imprisonment and for breaches of Articles 4 and 8 ECHR on behalf of a Vietnamese trafficking victim.
Omotosho v The United Kingdom Application No. 22225/19
Pending application to the European Court of Human Rights on behalf of the children of the appellant in KO (Nigeria) v SSHD [2018] UKSC 53. Concerns the UK courts’ approach to the rights of the children of foreign criminals under Articles 3 and 12 of the UN Convention on the Rights of the Child as well as Article 8 ECHR.
KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53
When considering whether the effect of deportation on a qualifying child is “unduly harsh” under section 117C(5) of the Nationality, Immigration and Asylum Act 2002, whether the court should take into account wider public interest considerations, or focus on the child only.
R (VRB) v Secretary of State for the Home Department JR/3746/2017
A decision to refuse indefinite leave to remain to a child victim of sexual exploitation was in breach of the Secretary of State’s duties under section 55 of the Borders, Citizens and Immigration Act 2009 and unlawfully fettered her discretion to grant ILR outside the Rules.
R (Shoriful Islam) v Secretary of State for the Home Department JR/5121/2017
A decision to certify the applicant’s asylum claim pursuant to section 96 of the Nationality Immigration and Asylum Act 2002 was unlawful since it failed to follow the Secretary of State’s policy and the principles established in A, B and C v Staatssecretaris van Veiligheid en Justitie relating to delay in disclosure on the
part of gay individuals claiming asylum.
Awuah and Others (No1) [2017] UKFTT 555; Awuah (No 2) HU/04300/2015
Guidance cases on costs in the First-tier Tribunal, concerning the meaning of “unreasonable conduct” on the part of the Secretary of State for the purposes of Rule 9(2)(b) of the Tribunal Procedure (First-tier Tribunal). (Immigration and Asylum Chamber) Rules 2014 (see Awuah No. 2).
R (MA (Bangladesh)) v Secretary of State for the Home Department JR/2652/2015
Challenge to detention within the detained fast-track and attempted removal of claimant accepted for referral by the Helen Bamber Foundation as a potential victim of torture. Linked to JM and others CO/377/2015.
SE (Ireland) v Secretary of State for the Home Department C3/2011/1172
Appeal concerning the UK’s obligations under Zambrano to Irish citizen children who are settled in the UK and the prohibition on discrimination in Article 18 of the Treaty on the Functioning of the European Union.
R (Mustafa Abdul Hussein) v Secretary of State for the Home Department [2012] EWHC 1952 (Admin)
Judicial review of a decision to refuse to grant indefinite leave to remain to an Iraqi hijacker of a Sudanese airbus at Stansted airport in 1996, who was detained, tortured and sentenced to death under Saddam Hussein’s regime. Led by David Jones. Reported in The Independent, The Evening Standard and The Telegraph.
EN (Serbia) v Secretary of State for the Home Department [2009] EWCA Civ 630
Appeal concerning the meaning of “particularly serious crime” in section 72 of the Nationality, Immigration and Asylum Act 2002 and the requirements of Article 33(2) of the Refugee Convention. Assisted Kathryn Cronin during pupillage.
NATIONALITY
Hysaj (Deprivation of Citizenship: Delay) [2020] UKUT 00128 (IAC)
Guidance case on delay in the Secretary of State’s decision making where there is a historic unlawful “nullity” decision. On appeal to the Court of Appeal.
BM v The Home Office (2020)
Claim for damages in false imprisonment on behalf of a British citizen detained as the result of an unlawful decision that his citizenship was a nullity.
R (KP) v Secretary of State for the Home Department CO/4661/2018
Judicial review on behalf of a high-profile individual subject to an entry clearance ban as the result of allegations of corruption in Kenya. Concerns section 4B of the British Nationality Act, and the impact of Kenyan independence legislation on KP’s citizenship status.
Advising royal family of former British protectorate (2018)
Advising a member of the royal family of a former Sultanate and British protectorate in the Middle East as to whether they are entitled to British citizenship based on ancestral links to Yemen and Hyderabad, a former “Princely State” in India.
R (Hysaj and others) v Secretary of State for the Home Department [2017] UKSC 82
The Secretary of State’s decisions to treat the Appellants’ citizenship as a nullity were unlawful; the correct approach was to regard their citizenship as obtained as a result of fraud and therefore liable to deprivation. In giving judgment the Supreme Court overturned a long line of Court of Appeal authority concerning nullity where citizenship is obtained by impersonation.
Re AW (2016)
Advice on a complaint to the UN Committee on the Elimination of Discrimination Against Women (“CEDAW”) concerning gender discrimination in the Kenyan independence legislation, as the result of which the client’s mother was unable to transmit British nationality to him.
ADMINISTRATIVE AND PUBLIC LAW
R (VRB) v Secretary of State for the Home Department JR/3746/2017
A decision to refuse indefinite leave to remain to a child victim of sexual exploitation was in breach of the Secretary of State’s duties under section 55 of the Borders, Citizens and Immigration Act 2009 and unlawfully fettered her discretion to grant ILR outside the Rules.
R (Shoriful Islam) v Secretary of State for the Home Department JR/5121/27 A decision to certify the applicant’s asylum claim pursuant to section 96 of the of the Nationality Immigration and Asylum Act 2002 was unlawful since it failed to follow the Secretary of State’s policy and the principles established in A, B and C v Staatssecretaris van Veiligheid en Justitie relating to delay in disclosure on the part of gay individuals claiming asylum.
R(WRU) v Bristol City Council JR/5663/2016
Judicial review of age assessment carried out by the local authority. Claimant found to be a child and entitled to support under the Children Act 1989.
R (MA (Bangladesh)) v Secretary of State for the Home Department JR/2652/2015
Challenge to detention within the detained fast-track and attempted removal of claimant accepted for referral by the Helen Bamber Foundation as a potential victim of torture. Linked to JM and others CO/377/2015.
R (SR) v Hampshire County Council CO/11469/2012
Judicial review concerning the correct test to be applied at the permission stage where a claimant seeks to challenge an age assessment on traditional public law grounds and does not ask the Court to exercise its fact finding jurisdiction.
R (Mustafa Abdul Hussein) v Secretary of State for the Home Department [2012] EWHC1952 (Admin)
Judicial review of a decision to refuse to grant indefinite leave to remain to an Iraqi hijacker of a Sudanese airbus at Stansted airport in 1996, who was detained, tortured and sentenced to death under Saddam Hussein’s regime. Led by David Jones. Reported in The Independent, The Evening Standard and The
Telegraph.
EXTRADITION
Re A (2016)
Advising and representing a high-profile individual subject to an extradition request in a human rights and protection claim. Concerned the “exceptional circumstances” test which must be met under the Immigration Rules for a protection claim by an EU citizen to be admitted for consideration by the Secretary of State.
Re MB (2016)
Advising a Turkish national accused of involvement in a coup on the impact of claiming asylum on forthcoming extradition proceedings.
Helen is committed to pro bono work. She has worked as a volunteer adviser at Haringay Migrants’ Support Group and is regularly instructed by Bail for Immigration Detainees (BID).
Helen is a contributing author of Macdonald’s Immigration Law and Practice, Jackson’s Immigration Law and Practice, (5th Edition, forthcoming) and the forthcoming LAG book, Support for Asylum Seekers and Other Migrants.
Arden Scholarship (Gray’s Inn, 2008)
Bedingfield Scholarship (Gray’s Inn, 2007)
CPE Prize for graduating top of year (London Metropolitan University, 2007)
Gibbs Prize in Philosophy for outstanding performance in philosophy finals (proxime accessit, University of Oxford, 1998)
College Exhibition (University of Oxford, 1997)
Immigration Law Practitioners’ Association (ILPA)
Administrative Law Bar Association (ALBA)
Haldane Society of Socialist Lawyers
Liberty
JUSTICE
Amnesty International
Helen’s Privacy Notice may be viewed by clicking here
Our mailing list is dedicated to professionals with an interest in our work.
