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Discrimination in Immigration

Speaker: Emma Stuart-King
Chambers: One Pump Court

At Law Friends Society, we like to highlight and explore the areas where different aspects of the law meet, and here, One Pump Court’s Emma Stuart King looks at the intersect between discrimination and immigration law, paying particular attention to:

  • Types of discrimination
  • Discrimination arising from disability
  • S. 26 Harassment
  • Limitations and exclusions
  • Public sector equality duty

Relevant law

Article 14: of the Human Rights Act 1998

R (Gullu) v Hillingdon LBC [2019] EWCA Civ 692

Onu v Akwiwu and Taiwo v Oaigbe [2016] UKSC 31

R. (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin)

R. (on the application of MDA) v SSHD [2017] EWHC 2132

R. (on the application of SM) v Lord Chancellor [2021] EWHC 418

ST (A Child) v Secretary of State for the Home Department [2021] EWHC 1085

R. (on the application of MD) v SSHD [2021] EWHC 1370 (Admin)

Mahabir v Secretary of State for the Home Department [2021] EWHC 1177

R. (on the application of Soltany) v Secretary of State for the Home Department, [2020] EWHC 2291 (Admin)

R. (on the application of Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2020] EWCA Civ 542

St Clair Toussaint v Home Office [2015] 10 WLUK 648

R. (on the application of DMA) v Secretary of State for the Home Department [2020] EWHC 3416 (Admin)

Sims v Lewisham LBC [2020] 5 WLUK 517

Fairlead Maritime Ltd v Parsoya [2016] 8 WLUK 349

Emma has a broad practice in public and civil law, with a particular interest in discrimination claims. She accepts instructions on all aspects of immigration and asylum law; on discrimination claims in the Employment Tribunal, in Judicial Review, and in the County Court; on employment claims in the Employment Tribunal; on Inquests and Inquiries; and in the Court of Protection.

Emma specialises in all aspects of asylum and immigration law and has a passionate commitment to protecting and furthering the rights of migrants. Emma has considerable experience representing clients before both the First-Tier and Upper Tribunals in all types of asylum and immigration appeals, including complex cases under the Refugee Convention, article 3 ECHR and humanitarian protection.

Emma has a particular interest in discrimination cases and is instructed on claims for Judicial Review, in the County Court, in the Employment Tribunal and in the Immigration Tribunal. She is familiar both with arguments under the Equality Act 2010 and under article 14 ECHR.