Specialist in

Experience

Ben specialises in immigration and asylum law.  He acts for appellants and claimants in the full range of cases in these fields, at all levels.

Ben has a busy Judicial Review practice, advising and acting in claims relating to all aspects of immigration decision-making and the exercise of immigration powers.

Ben has developed a strong practice advising and acting in civil claims against the State, with a focus on claims relating to immigration detention.

Ben is ranked as a Band 3 junior for Immigration in Chambers UK and Legal 500.

• Chambers UK 2024: “He writes beautifully. He is very good at distilling quite complex issues into written proceedings which are easy for a judge to get hold of”; “He is very intelligent and his written submissions and oral advocacy are brilliant”; “He can turn a piece of work around in no time, with just phenomenal attention to detail”.
• Legal 500 2024: “Ben is the perfect balance of a great legal mind and a compassionate advocate. His written work is impeccable and has an incredible attention to detail”.
• Chambers UK 2023: “Ben is a brilliant barrister. He is excellent to work with, very intelligent, very hard-working, collaborative, meticulous, and client-focused”; “A great legal mind. Brilliant written work and incredible attention to detail”; “Astute and impressive”.
• Legal 500 2023: “Ben is highly intelligent, innovative, meticulous, tenacious and client focussed. He works tirelessly and collaboratively for the best interests of clients”.

Significant cases:

• R (VT and another, AAA and others) v Commissioner of the British Indian Ocean Territory and SSFCDO (BIOT/SC/No.1/2023, BIOT/SC/No.2/2023). Public law challenge to the BIOT Commissioner’s decisions to reject protection claims made by a group of Tamil asylum seekers stranded on Diego Garcia, challenging the legality of the novel procedure adopted to assess the claims.  Acted in a team of counsel led by Ben Jaffey KC, representing eight claimants.
• R (AAA and others) v SSHD (UNHCR intervening) [2022] EWHC 3230 (Admin).  Divisional Court challenge to the SSHD’s policy of removing asylum seekers to Rwanda.  Acted for UNHCR as intervener, led by Angus McCullough KC and Laura Dubinsky KC, within a team of junior counsel.
• PCSU and others v SSHD (UNHCR intervening) [2022] EWCA Civ 840. Court of Appeal judgment on interim relief, regarding the first removals to Rwanda under the government’s policy.  Led by Laura Dubinsky KC, within a team of junior counsel.
• R (T) v SSHD (Judicial review: damages claims) [2021] UKUT 320. Confirming the Upper Tribunal’s procedural powers and discretion in relation to residual damages claims in applications for Judicial Review.
• JS (Uganda) v SSHD [2019] EWCA Civ 1670, [2020] 1 W.L.R. 43. Regarding the nature and scope of the UK’s obligations to people recognised as refugees on the basis of their relationship with a recognised refugee, rather than a direct risk to them. In particular, regarding the law governing decisions to cease such refugee status.  Led by Raza Husain KC alongside Eleanor Mitchell.
• SSHD v Viscu [2019] EWCA Civ 1052, [2019] 1 W.L.R. 5376. Leading case on whether a Detention and Training Order imposed on a child amounts to ‘imprisonment’ for the purposes of the Citizens Directive and the Immigration (EEA) Regulations 2016. Led by Allan Briddock.
• AS (Afghanistan) v SSHD [2019] EWCA Civ 873, [2019] 1 W.L.R. 5345. Clarifying the law on ‘internal relocation’ under the Refugee Convention – the Court of Appeal rejecting a narrow approach previously advocated by the Secretary of State. Led by Sonali Naik KC.
• AS (Afghanistan) v SSHD [2019] EWCA Civ 208, [2019] 1 W.L.R. 3065. Complex procedural dispute about the Upper Tribunal’s power to correct mistakes in their decisions, and the proper exercise of discretion in relation to such mistakes. Led by Sonali Naik KC.
• AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC). Country Guidance on the safety and reasonableness of relocation to Kabul, under the Refugee Convention. Led by Sonali Naik KC.
• Yussuf (meaning of “liable to deportation”) [2018] UKUT 117 (IAC). Regarding ‘liability to deportation’, in particular as it relates to the Secretary of State’s power to revoke Indefinite Leave to Remain held by people who cannot be deported because it would breach the Refugee Convention or ECHR.

Before coming to the Bar, Ben assisted leading solicitors in a top civil liberties firm, involved in the preparation and conduct of inquests arising from deaths in prison or police custody; civil actions for damages against the police and prison service for false imprisonment, assault, negligence, misfeasance, and under the HRA 1998; challenges to decisions of the police and prison service by Judicial Review.

Before coming to legal practice, Ben worked in the NGO sector for several years.  He led a programme of work that aimed to enforce and develop the legal obligations on UK-based extraction companies to account for their impacts on people overseas and the environment, alongside campaign work publicising those impacts.

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Education

Bar Professional Training Course (College of Law), Outstanding
LLB Law (University of Bristol), First Class
Harmsworth Scholarship (BPTC), Middle Temple
Certificate of Honour (BPTC), Middle Temple

Professional Memberships

Administrative Law Bar Association
Immigration Law Practitioners’ Association