Bijan Hoshi

Year of Call: 2011

“Bijan is extremely responsive and easy to work with. He is able to think of innovative arguments, and he has intellectual rigour.”

Legal 500, 2025 (Administrative Law and Human Rights)

"He has a very strong understanding of the needs of the individual client as well as government policy and public law arguments and his written advocacy is impressive."

Legal 500, 2025 (Immigration)

"Bijan is notably active in asylum claims, particularly on behalf of individuals in politically sensitive contexts... he is an excellent choice for public law challenges that have an immigration angle because he has an in-depth knowledge of the immigration system... and is lovely to work with."

Chambers UK, 2025 (Immigration)

"He demonstrates brilliant consideration of clients' issues and he is commercial, extremely collaborative and easy to work with."

Chambers UK, 2024 (Immigration)

"Bijan is a compassionate and empathetic barrister, and his ability to work with very distressed and unwell clients is notable."

Legal 500, 2024 (Immigration)

"Bijan has impeccable judgement. He is diligent, extremely hard working and reliable."

Legal 500, 2024 (Administrative Law and Human Rights)

"Bijan is very collegiate in his approach, extremely responsive, and produces high-quality advice promptly. He is also practically minded and strategic: he encourages those he works with to think ahead and see the wider picture. His knowledge of public law and human rights principles is excellent."

Legal 500, 2023 (Immigration)

"Extremely dedicated and hardworking. Comprehensive knowledge of the law and excellent judgment."

Legal 500, 2023 (Administrative Law and Human Rights)

Contact

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Bijan has a broad public law practice, with a particular specialism in immigration law. He has acted at all domestic levels up to and including the Supreme Court, as well in proceedings before the European Courts.

Bijan is ranked as a leading junior in Legal 500 and Chambers and Partners. He is appointed to the Equality and Human Rights Commission’s A panel of preferred counsel. He sits as a part-time judge in both the First-tier Tribunal and the Upper Tribunal of the Immigration and Asylum Chamber.

PUBLIC LAW

Bijan is an established and versatile judicial review practitioner whose broad practice includes immigration and nationality, welfare benefits, community care, prisons, criminal justice, protest, information and new technologies.

In recent years, Bijan has gained substantial experience in bringing high-profile, systemic public law challenges on behalf of both individuals and NGOs. He also has substantial experience of acting for third-party interveners in such claims.

Bijan is appointed to the Equality and Human Rights Commission’s A panel of preferred counsel.

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IMMIGRATION LAW

Bijan practices in all areas of immigration, asylum and nationality law. He acts in judicial review claims and statutory appeals, and advises on the making of applications to the Home Office.

In recent years, Bijan’s practice has focused on acting for senior political and business figures in complex, high-profile and diplomatically sensitive asylum claims (confidentiality precludes their identification). These are cases that typically involve parallel extradition and INTERPOL proceedings. Bijan acts from the earliest pre-application stages through to the appellate stage.

That said, Bijan’s cases have raised the full spectrum of issues in this area including all forms of international protection; protected rights under the European Convention on Human Rights; British nationality law; general immigration under the Immigration Rules, including all areas of the Points Based System; exceptional cases falling outside the Immigration Rules; EU law; the EU Settlement Scheme; trafficking claims; and immigration detention. He has also acted in proceedings with a national security dimension before the Special Immigration Appeals Commission and is regularly instructed to challenge removal from the UK at short notice, seeking urgent injunctive relief if necessary.

Bijan sits as a part-time judge in both the First-tier Tribunal and the Upper Tribunal of the Immigration and Asylum Chamber.

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NOTABLE CASES

R (Donald) v Secretary of State for the Home Department [2024] EWHC 1492 (Admin)

A judicial review challenge to the Secretary of State’s decision to abandon the commitment to implement all 30 recommendations of the Windrush Lessons Learned Review. The Court held that abandoning the commitment to introduce a migrants’ commissioner and review the role and remit of the Independent Chief Inspector of Borders and Immigration was unlawful (including on discrimination grounds). Bijan represented the intervener Black Equity Organisation. This case was reported on by The Guardian, the BBC, The Independent and Sky.

R (Liberty) v Secretary of State for the Home Department [2024] EWHC 1181 (Admin)

A judicial review challenge brought by the Liberty to the legality of Regulations adopted by the Secretary of State which lowered the threshold for police intervention in processions and assemblies by protesters by defining the phrase “serious disruption” in the Public Order Act 1986 to include any disruption that was “more than minor”. The Court held that the Regulations were ultra vires the enabling power and also unlawful on consultation grounds. Bijan represented the intervener Public Law Project. This case was reported on by The Telegraph, The Guardian, the BBC, The Independent and Sky.

R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin), [2023] 1 WLR 817

A judicial review challenge to the Secretary of State’s interpretation of the Brexit Withdrawal Agreements, as implemented via the EU Settlement Scheme. The Court held that the Secretary of State’s interpretation was wrong and that no second application to the Scheme is required to secure indefinite leave to remain after five years of residence in the UK. Bijan represented the intervener the3million. This case was reported on by The Guardian, Financial Times, the BBC, Al Jazeera and Sky.

R (W) v Secretary of State for the Home Department [2020] EWHC 1299 (Admin), [2020] 1 WLR 4420

A judicial review challenge to the ‘no recourse to public funds’ regime, which the Court held was unlawful to the extent that it did not adequately protect people who were not yet destitute but would imminently suffer inhuman or degrading treatment without recourse to public funds. Bijan represented the intervener Project 17. This case was reported on by The Guardian.

R (S2) v Secretary of State for the Home Department [2018] EWHC 993 (Admin)

A judicial review challenge to a decision to revoke indefinite leave to remain, made in the context of parallel appeal proceedings before the Special Immigration Appeals Commission. Bijan represented the claimant, S2.

R (Watson) v (1) Secretary of State for the Home Department and (2) First- tier Tribunal (Extant appeal: s94B challenge: forum) [2018] UKUT 165 (IAC), [2018] Imm AR 1094

A judicial review challenge concerning the position of those deported from the UK prior to the promulgation of the judgment of the Supreme Court in Kiarie and Byndloss (below). Bijan represented the applicant, Watson.

R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, [2017] 1 WLR 2380

In a landmark judgment, the Supreme Court ruled that the certification of two human rights claims under section 94B Nationality, Immigration and Asylum Act 2002 was unlawful under Article 8 European Convention on Human Rights. Bijan represented the intervener, Bail for Immigration Detainees. This case was reported on by The Guardian and the BBC.

R (OO (Nigeria)) v Secretary of State for the Home Department [2017] EWCA Civ 338

For the first time in a reported case, a section 94B Nationality, Immigration and Asylum Act 2002 certification decision was held to be substantively disproportionate under Article 8 European Convention on Human Rights and quashed. Bijan represented the appellant, OO.

HD (Trafficked women) Nigeria CG [2016] UKUT 454 (IAC)

The Upper Tribunal considered and gave country guidance for victims of trafficking returning to Nigeria, deciding that the key risk criterion was a vulnerability to re- trafficking. Bijan represented the appellant, HD.

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Bijan Hoshi

Notable Cases & News

Garden Court Chambers celebrates 50th Anniversary

This year marks 50 years of Garden Court Chambers winning ground-breaking cases of constitutional importance.

Friday 31 May 2024

High Court finds Home Office decision to abandon key Windrush recommendations discriminatory

Our Joint Head of Chambers, Grace Brown acted for the claimant, Mr Donald, led by Phillippa Kaufmann KC. Our Nicola Braganza KC and Bijan Hoshi acted for the intervener, Black Equity Organisation (BEO).

Wednesday 19 Jun 2024

Garden Court barristers appointed as panel counsel to the Equality and Human Rights Commission (EHRC)

We are delighted to announce that 12 members of Garden Court Chambers have been appointed to the Equality and Human Rights Commission's (EHRC) preferred panel of counsel.

Wednesday 12 Jun 2024

High Court finds government anti-protest legislation unlawful after legal challenge

Bijan Hoshi of Garden Court Chambers acted for the intervener, Public Law Project, led by Tom De La Mare KC and Tom Cleaver of Blackstone Chambers. Counsel were instructed by Herbert Smith Freehills LLP.

Tuesday 21 May 2024

Questions of ‘institutional racism’ need to be answered by Home Office

Our Joint Head of Chambers, Grace Brown is acting for the claimant, Mr Donald. Our Nicola Braganza KC is acting for the intervener, Black Equity Organisation (BEO).

Thursday 28 Mar 2024

DWP to stop ‘cold-calling’ disabled people to make low benefit ‘offers’

The Claimant was represented by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team instructed by Sara Lomri of Public Law Project. The Claimant was also represented by Bijan Hoshi of Garden Court & PLP.

Wednesday 14 Jul 2021

Background

Before coming to the Bar, Bijan worked for a number of non-profit organisations in the UK and abroad. More recently, he worked as a senior lawyer at Public Law Project alongside his practice at the Bar.

Awards

2011: City Law School BPTC Prize (outstanding achievement on BPTC, City Law School).
2010: Inner Temple Princess Royal Scholarship (to undertake BPTC).
2008: Arts and Humanities Research Council Scholarship (to undertake LLM).
2007: BPP Senior Academic’s Scholarship (to undertake GDL).
2006: Harold Collier Bursary (highest mark among male graduates in the Faculty of Arts, University of Glasgow).
2006: James J. Tumelty Prize (highest mark among graduates in the History Department, University of Glasgow).

Education

  • MA (Hons) History (Glasgow) – First class
  • LLM Human Rights (London) – Distinction

Professional Memberships

  • Administrative Law Bar Association (ALBA)
  • Immigration Law Practitioners’ Association (ILPA)

We are top ranked by independent legal directories and consistently win awards.

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