An excellent result for the direct access immigration barrister, even though this case was through the excellent Zahab Jamali from Lawlane solicitors. In this case, the last of an amazing week, I was approached at the last minute with a request to get removal directions cancelled.
I looked at the case and limited papers and could see that the removal window had expired on 2 May 2017 and no new removal window had been opened nor had he been served with
- Removal Directions;
- Notice of Removal Window;
- Immigration Factual Summary; and
- To cap it the Home Office were not proposing to remove his wife and 2 children one of whom is due to turn seven in 2 months or so.
I called the Out of Hours Duty Judge who called the Home Office, who cancelled the removal directions. The clerk to the Judge apparently asked the Home Office why they had cancelled the Removal, and was told it was due to operational problems. They were then asked was this due to not serving the above papers to which a sheepish officer admitted that this was the cause of the detention.
Of course the consequence of this is that an individual was detained, separated from his family in circumstances where he could not be removed, it is harder to see a clearer claim for unlawful detention and I will notify readers of any outcome.
What is key here is that no matter how short the notice, if you have a good case, pursue it through reputable lawyers. I was able to call the duty clerk and there were able to contact the Home Office, effectively taking me at my word, with the consequence that someone was not separated from his family and will have a claim against the Home Office.
Furthermore, this was a case where the absence of the documentation that should have been served made for a winning case and did not provide a bar to bringing the claim.
I cannot stress that if you or a family member of friend feel that you have been the victim of a miscarriage of justice, then get in touch, you may not know where it will lead, it might lead to the Applicant spending another night with his family as opposed to be removed to the other side of the world.
Please feel free to contact me or any member of my team as we will be delighted to help you.
Paul Turner is an experienced and highly regarded direct access immigration barrister also licensed to practice litigation and has a team of 4 to help make any problem appear its true size. He is the head of Imperium Chambers, a boutique, possibly the first, set designed to help direct clients who do not want a solicitor and who want direct access with a barrister who was called in 1998 and has been practising immigration since 1999. I am also a member of the excellent set of Tony Metzer QC, Goldsmith Chambers, based in the Temple. He can be contacted on 0207 242 3488.