As a direct access barrister based in London practising almost solely in Immigration Law there is nothing more challenging nor rewarding than getting an immigration injunction preventing removal from the United Kingdom. On Thursday of this week I was progressing through a normal working day, I had narrowly got permission in an extremely difficult JR in the Upper Tribunal overseen two sets of grounds and was dealing with the third client of the day, it was going to be a long evening, no doubt made longer by having had a short break.
At 430pm I had a call, would I do an injunction for 2045. The client was detained at 4.12 and was scheduled for removal to India that evening. The answer as always was yes. The next question was send me the the documents.
I apologised to the client and then within 15 minutes a further knockout at the door beckoned another injunction this individual was arrested at 130pm with removal to Sri Lanka at 9.55pm. I again asked for the documents.
The Court used to take injunctions without any documentary evidence, however, now, which I think is a better that the Court requests a special form to be filled in, any written submissions and a fee of £100.
I made both applications. I also took the step of preparing written submissions setting out the bullet points as to why removal should not take place.
Both applications were successful.
It was an exceptionally stressful night and took its toll for two days thereafter – however this is why I do the work I do and why if it is worth doing it is worth doing well.
Both these cases involved individuals who had been detained on the day of departure – 1 within 4 hours of departure.
Both had viable cases and the Judge was able to see and apply the law.
I would advise that if you or a member of your family is at risk of removal please do not leave it until after they have been detained but before. It is cheaper and more effective I am just happy that I was able to deliver two cases to conclusion.