Judge Samina Iqbal

Immigration Barrister

Publications

Co-Authored – “Family and immigration Proceedings – treading the minefield for the practitioner“for the Immigration, Asylum and Nationality Law Journal (IANLJ) (Vol 33, No.3, 2019)

Contributing author to Butterworths Immigration Law Service

Contributing author to the LexisPSL Immigration

• Practice Note on Local authority duties towards unaccompanied asylum seeking children (2022).
• Practice Note on Family with dependent children who have no leave to remain and who have not made a claim for asylum/protection (2022).
• Homeward Bound for Families Unlawfully Deported” –   LexisWeb
• Practice Note on “Detention, temporary admission and bail” 2014 and 2015– LexisWeb.
• Practice Note on “Illegal Working”- 2011 – LexisWeb.

Public Law Barrister

Samina has an extensive public law practice, which spans challenges based on immigration, asylum and nationality law, Article 8 ECHR certification, unlawful detention, age assessments, no recourse to public funds decisions, trafficking and modern slavery decisions, as well as national security measures such as deprivation of citizenship

Given her commitment to those vulnerable in society, she expanded her practice to include  those who require assistance under community care law, equality and discrimination law, social welfare, mental health and capacity law

Notable cases

• SE v SSHD (2019) – Successful challenge to the SSHD’s failure to make a lawful decision with reference to the A’s private life in accordance with their own policy guidance.
• DBD – v SSHD (2019)– Successfully challenged the SSHD’s failure to accept an EEA application as valid, on the basis that the sponsor under Regulation 9 of the EEA Regulations, would have to be born British, was discriminatory under EU and domestic law.  Challenge based on a: i) Failure to make lawful decision under EU Law, ii) Failure to make lawful decision with reference to the  British Nationality Act 1981, iii) Breach of Statutory Duty under Section 149, Equality Act 2010.  Case successfully concluded by the SSHD conceding and agreeing to issue a new decision.  The approach of the R demonstrated discrimination between nationality acquired at birth and that acquired through residence, which amounted to a breach not only of EU law but also domestic law.   This judicial review challenge ensured the R’s decision-making was compliant with EU and domestic law and that the A was treated fairly and equitably on the basis of his sponsor’s nationality.
• HMH v SSHD (2019) – challenge SSHD certification of a failure to exercise the “most anxious scrutiny” when giving reasons why there were no very significant obstacles to reintegration and exceptional family life taking place abroad instead of in the UK.
• GV v SSHD (2018) – Granted permission to apply for JR in a Tier 1 (Entrepreneur) case on the basis that the SSHD’s failure to request missing documents, which the Applicant had clearly evidenced in his application, fell foul of the common law principles of fairness. Matter was settled by consent. 
• RS v SSHD (2019) –  Challenge to the SSHD’s failure to respond to s.120 notice of RS, following the grant of settlement to her husband, who was the applicant in the reported case of R (on the application of Khan) v SSHD (dishonesty, tax return, paragraph 322(5) [2018] UKUT 00384 (IAC).  Matter settled by consent.
• BS v SSHD (2018) – Challenge to the SSHD’s assertion that TOEIC certificate fraudulently obtained and deception used in BS’s Tier 2 application. SSHD agreed to reconsider in line with Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684
• AK v SSHD (2016) – Permission granted on 9 June 2017, to challenge SS certification of a failure to exercise the “most anxious scrutiny” when giving reasons why there were no insurmountable obstacles to family life – settled by consent.
• JM v SSHD (2016)  – substantive JR dismissed – fresh claim in relation to disputed Eritrean/Ethiopian Nationality – 25^thSeptember 2016
• MT v SSHD (2015) substantive JR allowed – fresh claim in relation to Art 8 and carers – 9^thMay 2016
• MB v SSHD (2013) –  Permission granted on fresh claim 5^th October 2016 – settled by consent
• Hormozi CO/4803/2015 Hungary Dublin II – permission granted – settled by consent – 26^thNovember 2015
• SK v SSHD (2013) –  substantive JR dismissed –validity of application – 5th February 2015
• R (on the application of Iqbal) v Secretary of State for the Home Department [2014] EWHC 1822 (Admin)

Unlawful Detention Barrister

Her growing proficiency in Unlawful Detention claims has led to her being commissioned to write a ‘A Practical Guide to Claims for Unlawful Detention and False Imprisonment in Immigration and Asylum Cases’ by Law Brief Publishing Ltd.