Today saw me in the Upper Tribunal representing a client who was seeking to judicially review the Home Office’s refusal to treat a fresh claim as a fresh human rights or grant leave to remain, permission was granted by Upper Tribunal Judge Warr, a grant of permission in any circumstances for a direct access immigration barrister is always rewarding but this morning’s case had a twist.
The facts of the case were fairly compelling, significant change in circumstances, new case law and a lot of new evidence. However, what made the case of particular interest was that my opponent was the excellent Zane Malik, who as anyone who follows immigration law, is a real star and who appears both on the part of the Home Office as well as Applicants. What also made it unusual is that one of the key cases was the Court of Appeal decision in Hayat where we both appeared, the twist being that on that occasion we were on the same side. I think this is the first time anything like that has happened to me in 14 years of working as a barrister in immigration law.