Rebecca practises in all aspects of immigration and asylum law. She has particular expertise in cases involving vulnerable women and children, LGBTI+ individuals, family reunion and article 8 cases and deportation. She represents clients at all levels from the First-tier Tribunal to the Grand Chamber of the ECtHR.
IMMIGRATION: ASYLUM AND HUMAN RIGHTS
Overview
Rebecca has three decades of experience representing clients with asylum claims, with a particular focus on unaccompanied minors and those facing persecution on account of their gender or sexual orientation. She also has substantial experience in article 8 claims based on family life, and article 3 claims based on health and medical conditions. She co-authored “A Practical Guide to Health & Medical cases in Immigration Law”, published in 2021. Rebecca was appointed a Deputy Judge of the Upper Tribunal (IAC) in 2015.
Notable Cases
R (ota) AM v SSHD [2022] EWHC 2591 Admin [14.10.22]
Lieven J held that the absence of any provision within the Immigration rules for victims of transnational marriage abandonment unlawfully discriminated against them.
R (ota) Fowler and Coleman SC/CIV/05/20; SC/CIV/06/20 [26.5.21]
The Supreme Court of the Falkland Islands quashed the decision of the Principal Immigration Officer, upheld by the Governor in council, to revoke the work permits of the Applicants and deport them on the grounds of procedural unfairness.
R (ota) Gayle v SSHD [2017] EWHC 3385 (Admin)
Wall J held that the SSHD had failed to take account of material considerations when refusing the Claimant ILR and granting DL, in particular the medical evidence as to the impact on her mental health.
GS India & others [2015] EWCA Civ 40, acting for BA (Ghana)
The Court of Appeal maintained the article 3 threshold established in N(HL) and ECtHR. Following judgment of the ECtHR in Paposhvili v Belgium the SSHD reconsidered the cases.
SS Malaysia (2013) EWCA Civ 888
Whether the circumcision of a male child engaged Articles 3 and 8 of ECHR.
OO (Algeria) (2013) UKUT 63 (AIC) and [2016] CG UKUT 00065 (IAC)
Country guidance decision regarding the risk of persecution to gay Algerians.
MM (Zimbabwe) v Sec State Home Dept (2012) EWCA Civ 279
Whether Article 8 engaged and, if so, the test was to be applied in respect of a deportation appeal where the appellant suffered from severe mental health issues.
IA (Turkey) (2010) EWCA Civ 625 (distinguishing TB (Jamaica)
Unlawfulness earlier in the decision meaning that history may, in principle, sometimes taint a subsequent immigration decision but an earlier immigration decision by the Secretary of State of the Home Department (SSHD), which might have been appealed to the Tribunal, but which has not been appealed, or not been appealed in time, must subsequently be treated by all parties as lawful.
R (ota) Ahmed (2009) EWHC 2676 Admin
Judge Ouseley ordered the SSHD to return the claimant to the UK from Iraq following a finding that his Article 8 rights had been breached.
R (ota) Abdullah (2009) EWHC Admin 1771
Whether the unmarried third country national partner of an European Economic Area (EEA) national has an in-country right of appeal.
R (ota) Malik (2008) EWHC Admin 888
Judicial review of the decision to remove a third country national to Greece under the provisions of the Dublin Convention.
AC (Turkey) (2004) UKIAT 00122
Whether the Article 8 rights of the mother, who was facing deportation, were shared by her daughter.
AA (Somalia) (2002) UKIAT 05720
Geledi are a sub-clan of the Benadiri minority clan and are thus at risk of persecution.
R (on the application of) B v an Adjudicator (2002) EWHC 1469
Medical evidence has to be considered by an adjudicator when assessing the credibility of an asylum applicant.
