Samina Iqbal

Samina Iqbal

Call: 1999

"Knows immigration law inside-out and is impressive on paper as well as on her feet."

The Legal 500, 2020 Edition

"Samina Iqbal is thorough in her preparation and engaging in her delivery. Her seminars are well received for focusing on relevant topics with practical skills and knowledge”

Wasantha Tennakoon, Principal at AstenJ Professional Training

“Her exceptional clarity in arguments and attention to subtle details always leads her to shine in her work.”

The Legal 500, 2021 Edition

"She is truly experienced in Article 8 and immigration appeals and adopts a soft approach to extremely vulnerable clients. She has a strong legal mind and is mesmerising in court."

Chambers & Partners 2021

"She is extremely easy to work with and exceptionally knowledgeable."

Chambers & Partners 2021

Interested in instructing Ms Iqbal?

Please call 020 7353 6802 or complete the form below:

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Samina is a senior public law and immigration practitioner with over 20 years’ experience.

Since 2000, Samina specialises in immigration law with a background in family law.

Samina is ranked in the Legal 500 2021 edition,  Immigration, (Tier 3 – Leading Juniors) ‘Her exceptional clarity in arguments and attention to subtle details always leads her to shine in her work.’.

Samina is also ranked as a leading junior within Chambers & Partners 2021 edition(Band 4) as a seasoned immigration practitioner with strong expertise in EU law, nationality law and human rights.

Her expertise in this cross over area is underlined by the article she co-authored on “Family and Immigration Proceedings – treading the minefield for the practitioner” for the  Immigration, Asylum and Nationality Law Journal (IANLJ).

She is joint-head of the Immigration team with her colleague Sarah Pinder.  She is also committed to providing training to pupil barristers and was approved to become a pupil supervisor in 2011.

Samina was also first appointed as a Fee-Paid Judge in the First-Tier Tribunal (Immigration and Asylum Chamber) in 2006 and was at the time one of the youngest appointees.  She has subsequently been appointed to the Social Entitlement Chamber in 2018 and in 2017, as an Environment and Traffic Adjudicator.

Samina is also regularly called upon as immigration expert on issues of nationality, status and rights of parties in Family Courts, Extradition proceedings and Personal injury claims.

Her growing proficiency in Unlawful Detention claims has led to her being commissioned to write a ‘How to Guide on Unlawful Detention’ by Law Brief Publishing Ltd.

In suitable cases, Samina undertakes direct access work for members of the public.

Languages spoken:

  • Punjabi, Urdu, Hindi
  • Kiswahili
  • Basic German, Basic Italian

Interested in instructing Ms Iqbal?

Please call 020 7353 6802 or complete the form below:

  • This field is for validation purposes and should be left unchanged.

Immigration Barrister

Her practice in this area of law has grown over the years, alongside her need to ensure that those most vulnerable members of society receive the best possible representation.  She is passionate about access to justice and is committed to consistently delivering excellent service.

Samina has been instructed to act on a number of complex business immigration cases and she has never failed to impress clients with the depth and breadth of her knowledge, given her background in this area. Samina is approachable, with a very loyal following of clients, especially as she is known to be efficient and organised in her work.

Her practice in immigration is extensive, including being instructed regularly as counsel of choice, on public law challenges and appeals to the Court of Appeal.  She has also in the past been instructed as counsel in a SIAC case.

Samina is currently involved in applications and judicial reviews under the Windrush scheme.

She also delivers training for ILPA in relation to the latest immigration developments, is a contributor to Lexis Nexis PSL’s practice notes and Butterworths Immigration Law Service.

Selected Training  

 Other Training

Samina’s commitment to training newly qualified advocates, led to her co-founding, a pro-bono organisation, WiGS (Women Internationally Gaining Skills) to support female advocates, in countries where there is a greater need for legal representation of women appearing in Courts at all levels, and a marked absence of female advocates able to provide such representation. Samina trained in the ‘The Hampel Method’, used by the four Inns of Court in the UK.  WiGS’ and Samina’s first project was met with immense positive and enthusiastic participation, running successfully from the 6th March 2020 to 8th March 2020 in Dhaka, Bangladesh.

Notable cases:

Publications

Co-Authored – “Family and immigration Proceedings – treading the minefield for the practitionerfor 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

  • 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, 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 – 25thSeptember 2016
  • MT v SSHD (2015) substantive JR allowed – fresh claim in relation to Art 8 and carers – 9thMay 2016
  • MB v SSHD (2013) –  Permission granted on fresh claim 5th October 2016 – settled by consent
  • Hormozi CO/4803/2015 Hungary Dublin II – permission granted – settled by consent – 26thNovember 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)

Appointments


2018 – to date: Fee Paid Immigration Judge: Social Entitlement Chamber

2017: Environment and Traffic Adjudicators

2006 – to date: Fee Paid Immigration Judge: Immigration and Asylum Chamber

2004 – 2015: Adjudicator: LSC Funding Review for Immigration cases.

2011: Pupil Supervisor

Memberships


HRLA

ILPA

FLBA

BHRC

Recognition


Shortlisted ‘Champion of the Year’ – Inspirational Women in Law Awards 2020

Nominated ‘International Pro Bono Barrister of the Year’ – Bar Pro Bono Awards 2020

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