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The High Court ruled last week in R on the application of Johnson v Secretary of State [2014] EWHC 2386 (Admin) that the Home Office were unlawfully discriminating against a Jamaican on account of his illegitimacy, as a direct access immigration barrister, this was a rewarding case to win. The facts of the case were that the Claimant was born in Jamaica to a British father and a Jamaican mother in 1985. Because this was before 1 July 2006 he was not British and remained Jamaican.

Unfortunately he convicted a very serious offence and was sentenced to 9 years for manslaughter and the Secretary of State sought to deport him. His appeal against deportation was dismissed under article 8 but was allowed back to the Secretary of State to consider article 14 seen through article 8 on the basis that he was being discriminated against by virtue of his illegitimacy.

The Secretary of State certified his human rights claim based upon article 14 as clearly unfounded and sought to remove him from the UK. Injunctive relief was sought and obtained and the removal stayed.

Mostyn J granted permission on the papers and it was felt that it would be a good idea to get leading Counsel on board for the full hearing. Hugh Southey QC was instructed, the solicitors being the excellent Barnes Harild and Dyler and in particular Arpeeta Barua.

The matter came before Dingemans J in early July who found in a decision which can be found below that he was being discriminated against.

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2014/2386.html&query=johnson+and+dingemans&method=boolean

There is a further hearing on 24 July 2014 in which the Court will determine the appropriate remedy and I will post an update afterwards.

Paul Turner is a highly regarded direct access immigration barrister practising from Mansfield Chambers, the Chambers of Michael Mansfield QC, 5 Chancery Lane, London, WC2A 1LG and a door tenant at 39 Park Square Leeds LS1 2NU and is licensed by the Bar Council to provide advice and representation directly to the public.