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Article 8 Deportation Case Law Update 2021

Speaker: Eleri Griffiths
Chambers: One Pump Court

Continuing our commitment to keeping our members up to date in their area of the law and armed with all the relevant legal facts, here One Pump Court’s Eleri Griffiths gives an essential update on Article 8 in relation to deportation cases, using detailed analysis of the following case law:   

  • HA (Iraq) v SSHD; RA (Iraq) v SSHD [2020] EWCA Civ 1176
  • AA (Nigeria) v SSHD [2020] EWCA Civ 1296
  • KB (Jamaica) v SSHD[2020] EWCA Civ 1385
  • Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2020] EWCA Civ 717
  • Wilson (NIAA Part 5A; deportation decisions) [2020] UKUT 00350 (IAC)
  • Abidoye, R (On the Application Of) v SSHD [2020] EWCA Civ 1425
  • Binaku (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 00034 (IAC)
  • Unuane v UK [2020] ECHR 832

Eleri specialises in immigration and housing law and acts in cases across the spectrum of both fields in private and public law matters. She is very experienced at engaging with and representing exceptionally vulnerable clients with disabilities or a history of severe trauma. She also represents clients who lack litigation capacity, on instruction by the Official Solicitor or others.

She regularly acts in protection and human rights claims, entry clearance, family reunion, deportation, EEA appeals, cessation of refugee status and exclusion, and securing the release of immigration detainees on bail. She also acts in cases involving issues of modern slavery and human trafficking. As well as representing clients across England and Wales in the First-tier Tribunal, Eleri argues complex points of law in the Upper Tribunal. She also accepts instructions in judicial review claims and civil actions for damages for false imprisonment in immigration detention or related matters.

Eleri has a busy and varied practice including defending possession proceedings and appeals against a possession order, bringing claims for disrepair or discrimination, homelessness appeals, judicial review and claims for unlawful eviction including emergency injunctive relief. Eleri particularly welcomes cases where housing and immigration law overlap and is developing her practice further to include cases involving support for migrants without access to mainstream assistance.

In 2019, Eleri was invited to be a discussion panel member at the Housing Law Practitioners Association conference where she spoke of the challenges of providing excellent client care to a client base in crisis.