Jennifer has wide experience of claims involving detention, administrative removal and deportation (non-EEA and EEA), protective and non-protective human rights claims (including claims relating to modern slavery), appeal rights, certification and fresh claims, the points based system and sponsor licences.
Jennifer has expertise in the following areas:
- Asylum and human rights claims
- Claims relating to modern slavery
- Deportation and administrative removal (non-EEA and EEA)
- Unlawful detention claims
- Staged settlement
- Appeal rights, certification and fresh claims
- Points-based system claims and administrative review
- Refusal and revocation of sponsor licences
- Procedural and policy issues
Jennifer appears regularly in the Upper Tribunal (IAC) and the Administrative Court in judicial review proceedings at both the permission and substantive stages.
Notable Immigration, Asylum & Human Rights cases
R (on the application of AC (Algeria)) v Secretary of State for the Home Department  EWHC 188 (Admin)
Foreign national offender, lawfulness of detention pending deportation, grant of bail in principle, provision of Schedule 10 accommodation, delay in determining asylum claim, effect of non-co-operation re nationality, whether C should have been referred to the NRM as a potential victim of trafficking, materiality.
R (on the application of Farhan Aslam) v Secretary of State for the Home Department  EWHC 2123 (Admin)
Administrative removal, lawfulness of detention, whether non-EEA or EEA regime applied, retained rights of residence, rationality of D’s decision that C’s marriage not valid and was one of convenience, service of decision letter, lawfulness of procedure, materiality.
R (on the application of Sheraz Khan (trading as Exmoor Surgery) v Secretary of State for the Home Department  EWHC 105 (Admin)
Refusal of application for Tier 2 (general) sponsor licence, genuine vacancy, compliance with residential labour market test, record keeping and recruitment, appropriate SOC code).
R (on the application of Hussein & Rahman) v Secretary of State for the Home Department  EWHC 213 (Admin),  2 WLUK 27,  A.C.D. 32
Conditions and “lock in” at IRC Brook House challenged by practising adherents of Muslim faith, Articles 9 & 14 ECHR engaged, conditions indirectly discriminatory under Section 19 Equality Act 2010, whether D had shown justification, breach of public sector equality duty.
R (on the application of TS (India)) v Secretary of State for the Home Department  EWHC 837 (Admin),  WLUK 29
Administrative removal, lawfulness of detention, Rule 35 report, fresh claims, section 3C leave, fraudulent use of ETS certificate.
Pathan v Secretary of State for the Home Department (JR/12657/2017)
Refusal of ILR under paragraph 322(5) IR on basis of dishonesty arising from discrepancy of earnings declared to S of S and HMRC in previous LTR application, accountant’s error blamed, whether R rationally entitled to refuse application. Considered in R (on the application of Khan) v SSHD (Dishonestly, tax return, paragraph 322(5)  UKUT 00348 (IAC).
R (on the application of Qarani) v SSHD  EWHC 507 (Admin)
Lawfulness of detention pending deportation, dispute over nationality, delay in obtaining ETD, provision of Section 4 accommodation, application for bail.
Thomas & Others v Secretary of State for the Home Department (JR/13587/2016)
Fresh claims challenge, whether decision required in respect of fourth applicant for whom no human rights claim had been made, materiality.
Alaimagan Thangarajah v Secretary of State for the Home Department (JR/445/2016)
Challenge to refusal to revoke deportation order and to certification under Regulation 26(5) of the Immigration (European Economic Area) Regulations 2006, exercise of discretion, failure to give reasons.
Badavi v Secretary of State for the Home Department (JR/6869/2016)
Fresh claims, whether S of S entitled to conclude that A’s sur place activities relating to the treatment of Ahwazi Arabs by the Iranian authorities since the earlier FtT decision did not admit of a realistic prospect of success before an IJ.
Menon v Secretary of State for the Home Department (JR/1719/2016)
A’s application for ILR as Tier 1 (General) Migrant refused under paragraph 322(5) general grounds of refusal (conduct), S of S entitled to rely on information from HMRC from which S of S concluded A had misstated true financial position to either HMRC or UKVI, lawful exercise of discretion on the facts, procedural unfairness rejected.
Jeyarasa v Secretary of State for the Home Department (JR/7557/2016)
Fresh claims, whether S of S had applied anxious scrutiny of the evidence in the light of his own guidance relating to Tamil Separatism.
Khurram v Secretary of State for the Home Department (effective service; 2000 Order) IJR  UKUT 00281 (IAC)
Construction of Article 8ZA (2)(c) of the Immigration (Leave to Enter and Remain) Order 2000, in the alternative notice of curtailment properly served to A’s last-known or usual place of abode within Art 8ZA(3)(a).
Sharfi v Secretary of State for the Home Department (JR/10704/2015)
Challenge to refusal of FLR as an entrepreneur, whether A had already provided evidence of funds on his last successful PBS application so as not to be required to do so again, whether mistake of fact, materiality.
Msiza v Secretary of State for the Home Department  UKUT 00483 (IAC)
Lawfulness of refusal of leave on Article 8 grounds, effect of supplementary letter.
Sorae v Secretary of State for the Home Department (JR/14748/2014)
Application of policy relating to overstaying (non-family route), exercise of discretion, rationality of S of S decision that there were no exceptional circumstances in A’s case, materiality.