020 7242 4986
London: 2-3 Gray's Inn Square
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Emma Dring
 

Immigration and Asylum

Who we are

Cornerstone has a dedicated Immigration and Asylum team. Members of the team conduct both publicly funded and private work advising and representing clients in the areas set out below.

What we do

Immigration and Asylum Appeals

Members appear regularly in the First-Tier and Upper Tribunals of the Immigration and Asylum Chamber conducting immigration and asylum appeals, and have represented appellants against the Secretary of State in significant appellate judgments in the Court of Appeal and Supreme Court in recent years, including:

  • Mahad v Entry Clearance Officer [2009] UKSC 16;
  • AS (Somalia) v Entry Clearance Officer (Addis Ababa) House [2009] UKHL 32;
  • ZN (Afghanistan) v Entry Clearance Officer [2010] UKSC 21;
  • MS & KI (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 1236;
  • Abubakar v Entry Clearance Officer [2012] EWCA Civ 377

Cornerstone offers broad expertise in the immigration and asylum field, including:

  • Refugee/Asylum Law and Humanitarian Protection
  • Human Rights (in particular Articles 3/8 and Fresh Claims)
  • Deportation and Removal
  • Family Reunion
  • Student visas
  • Domestic Workers
  • Migration and welfare rights of EU citizens
  • Welfare provision for migrants and asylum seekers
  • Bail applications
  • Points-Based System
  • Human Trafficking
  • Citizenship

In addition to conducting appeals in the Immigration and Asylum Chamber, members conduct judicial review proceedings and applications for urgent interim relief.  A leading public law set, the barristers at Cornerstone have considerable administrative law and judicial review experience.

Eligibility for Support

We advise on the interaction of immigration law with eligibility and social welfare law, on issues such as recourse to public funds, central government support under the Immigration and Asylum Act 1996, housing, social services and community care.  Members have appeared in the following key cases in relation to asylum support and eligibility for support:

  • R. (on the application of M) v Slough BC [2008] UKHL 52;
  • R. (on the application of Z) v Hillingdon LBC [2009] EWCA Civ 1529;
  • Teixeira v Lambeth LBC (C-480/08) European Court of Justice [2010] P.T.S.R. 1913;
  • Harrow LBC v Ibrahim (C-310/08) European Court of Justice [2010] P.T.S.R. 1913;
  • R. (on the application of O) v Barking and Dagenham LBC [2011] 1 W.L.R. 1283.

We have considerable recent expertise on the implications of the ECJ judgments in Zambrano and Derici, and the current policy operated by UKBA in relation to third-country national carers of British citizens.

Unaccompanied Asylum Seeking Minors and Age Assessment

We are specialists in the law and policy governing the assessment and support available to unaccompanied asylum seeking minors (UASCs), and age assessments in particular.  Members of the Immigration and Asylum Team are conducting several of the new judicial review age assessments which have been transferred to the Upper Tribunal, having appeared in a number of the most important judgments in this area, including:

  • R (on the application of A) v Croydon LBC [2009] UKSC 8;
  • R (on the application of F) v Lewisham LBC  [2010] P.T.S.R. (C.S.) 13;
  • R (on the application of R) v The London Borough of Croydon [2011] EWHC 1689;
  • R (on the application of N) v Barnet LBC [2011] EWHC 2019 (Admin);
  • R (on the application of K) v Birmingham City Council [2011] EWHC 1559 (Admin);
  • R (on the application of AM) v Solihull MBC [2012] UKUT 00118 (IAC)

Members have considerable expertise on the application of the Joint Working Protocol on age assessment (IND and ADSS) and the conduct of “Merton-compliant” age assessments.

What we offer

Advice and Representation

Immigration and Asylum law creates a volume of appellate cases unparalleled in any other field.  Governmental policy is often hard-to-access.  Changes to the Immigration Rules are frequent.  Specialists in this area, the team at Cornerstone offer pragmatic advice as well as expert representation.

Client service

The barristers at Cornerstone provide a friendly and responsive service.  We understand that clients in this field have widely different requirements and budgets, and we can supply expertise at all levels.  Our clerks have considerable experience handling cases in the immigration and asylum field.

Training

We deliver bespoke training – including lectures, seminars and briefings - on all aspects of Immigration and Asylum law and practice.