SM (and others) v SSHD [2018] UKUT 00429
Area of Law: Personal Immigration
— Read moreCall: 2002 dac@onepumpcourt.co.uk
Specialist in
Experience
David specializes in all areas of immigration and asylum law. He has a particular focus on claims relating to complex questions of immigration rules and policy, asylum claims based on sexual and gender identity, claims relating to people who suffer from mental and physical illness, and claims involving rights of children. He shares One Pump Court’s commitment to equal access to justice without discrimination and to upholding the rule of law.
He works particularly with clients whose asylum claims raise issues relating to sexual/gender identity, who suffer from mental and physical illness, in cases involving complex family histories and needs, with clients whose claims are based on religious identity, with unaccompanied minor asylum-seekers, with clients faced with conducive deportation decisions under the old or the new (‘automatic’) provisions, and with clients facing removal to other EU states either under the Dublin Regulation or for public policy reasons.
Alongside his work in (and on appeal from) the Tribunals, he has a large and varied judicial review practice, covering all areas of immigration law, including challenges to fresh claim and certification decisions, citizenship challenges, third-country cases, policy and implementation challenges, and refusals to waive fees or permit access to public funds.
Many of his clients have been detained by the Secretary of State, and David has an established practice in false imprisonment and related civil claims.
With the rest of the Immigration Team at 1 Pump Court, David is committed to the provision of high-quality representation to people who do not have the means to pay for it themselves, whether through legal aid or by other arrangements, including pro bono work, CFAs and realistic agreed fees.
Called to the Bar in 2002, he previously worked in the Czech Republic for the European Roma Rights Center, as a caseworker and helping in the preparation of strategic litigation on discrimination in the criminal justice system, access to education, and access to housing. On return to the UK, he was a Post-Doctoral Research Fellow in Central European Studies at University College, London, and was regularly called upon to act as an expert on the situation of Czech and Slovak Roma at all levels of the immigration appellate system in the UK (see e.g R (ZL and VL) v SSHD [2003] EWCA Civ 25).
David has been at 1 Pump Court since 2002. In addition to giving open and in-house seminars on behalf of 1 Pump Court, David regularly trains for the Immigration Law Practitioners’ Association. He has also delivered training in recent years for ECRE, the Danish Refugee Council, and the Italian immigration practitioners’ association (ASGI), and he has spoken at conferences organised by JUSTICE and by the Bar European Group, and volunteers for UK Lesbian and Gay Immigration Group (UKLGIG). He is a trustee of UKLGIG and of the development charity PIN-UK..
What the directories say
‘Brilliant legal mind, creative in terms of strategy, willing to run novel points and has a tenacious spirit in fighting cases hard to the very end.’
(Leading Juniors) Ranked: Tier 1
A highly respected practitioner who continues to handle a broad range of matters, including complex deportation and removal cases, often on behalf of vulnerable clients.
“He reminds me of what I thought being a lawyer was all about. One of the most passionate advocates I have instructed: he routinely goes above and beyond the call of duty, and is highly intelligent and persuasive.” “David is a complete star. I think he really is a standout immigration practitioner, because he’s formidably good at everything he does and has incredible compassion for clients.”
(Leading Juniors) Ranked: Star individual
Cited as a leading junior in Immigration (including business immigration):
“Any client is very lucky indeed to have him fighting on their behalf”
“Super-committed – he puts so much into his cases and gets really good results… He’s passionate about his cases and a brilliant drafting machine. Works wonders with vulnerable clients and fights to the last on their behalf.”
“He is very clever, very thoughtful and his written work is first-class.”
“Completely committed to every case he works on,” and “very professional and meticulous.”
“Unanimously praised to researchers by an impressive number of leading claimant solicitors. His commitment to his clients and to the field of immigration law is total. His intellect, determination and work rate mean that once you instruct him, you want him on as many cases as possible.”
Education
BA (1st Class) – Modern and Medieval Languages – Trinity College, Cambridge
PhD – Czech literature – Trinity College, Cambridge
Professional Memberships
ILPA
CPBA
Languages
Italian, French, Portuguese, Czech, Slovak
The Claimant had applied when aged 17 for registration as a British citizen, but had been refused registration on account of a conditional discharge for possession of cannabis.
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