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Abuse of Process

Speaker: Raphael Jesurum
Chambers: 36 Group

Law Friends regular and presenter of our popular monthly Immigration updates, Raphael Jesurum delivers another critical seminar on abuse of process, looking at

  • Definitions
  • The orthodox position in public law
  • The orthodox position in immigration law
  • The future

Relevant law

Spencer Bower and Handley, “Res Judicata” 2020, Butterworths, §1.01

Blair v Curran (1939) CLR 464, 531-533 per Dixon J

Hunter v Chief Constable of the West Midlands Police [1982] AC 529, per Diplock L. At 536

Thrasyvoulou v Secretary of State for the Environment [1990] 2 AC 273 at 289C-D per Bridge L.

R (TB (Jamaica)) v SSHD [2008] EWCA Civ 977

R (DN (Rwanda) v SSHD [2020] AC 698

Abidoye v SSHD [2020] EWCA Civ 1425

Raphael practises in asylum, immigration and nationality law. He appears regularly in the Upper Tribunal, the Administrative Court and the Court of Appeal.

Raphael’s main interest is strategic litigation: working in partnership with solicitors to identify new legal points, training caseworkers to spot them, and advising early in order to test the issues on appeal. The aim is to build cases with overwhelmingly strong evidence, and develop arguments to test and change the law.

An example is the successful campaign to secure settlement rights for the children of Gurkha veterans. Before coming to the bar, Raphael was a successful broadcaster and foreign correspondent, working for the BBC and other international news outlets. He reported on the genocide in Rwanda in 1994, the Albanian uprising in 1997 and separatist violence in Macedonia.