Alex Schymyck

Year of Call: 2020

Alex is a public law and civil liberties barrister. He accepts instructions in Administrative and Public Law, Immigration, Community Care and Mental Health.

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Alex is frequently instructed in urgent judicial review proceedings and has significant experience appearing unled in interim relief applications before the High Court and Upper Tribunal. Alongside his judicial review work, Alex appears in asylum and human rights appeals.

Alex has a longstanding commitment to protecting the rights of immigration detainees. Alongside acting in many unlawful detention claims, Alex was instructed on the Brook House Inquiry and has published academic analysis of the law of immigration detention. Alex regularly advises on civil claims in this area.

Immigration Detention, Asylum and Deportation

ASK v United Kingdom (43556/20) (ongoing)
Alex acts for Bail for Immigration Detainees in an intervention before the European Court of Human Rights concerning the detention of vulnerable individuals suffering from mental illness (led by Greg Ó Ceallaigh KC).

TOEIC Civil Claims (ongoing)
Alex acts for a large number of claimants in a group claim against the Home Office for making baseless allegations of fraud in TOEIC exams (led by Greg Ó Ceallaigh KC).

R (Nakrasevicius) v Secretary of State for the Home Department [2024] EWHC 1856 (Admin)
Alex acted unled before the High Court and secured interim relief in this challenge concerning the overlap between immigration detention and the Proceeds of Crime Act 2002.

R (Oji) v Director of Legal Aid Casework [2024] EWHC 1281 (Admin); [2024] 4 WLR 53
Alex acted in a challenge to the absence of legal aid for Windrush Compensation Scheme applications (led by Chris Butler KC and Grace Brown).

Varkey & Joseph (ETS – Hidden rooms) v Secretary of State for the Home Department [2024] UKUT 00142 (IAC)
Alex acted in this test case challenging the approach taken by the Upper Tribunal to establishing allegations of TOEIC fraud (led by Greg Ó Ceallaigh KC).

R(MT) v Secretary of State for the Home Department
Alex acted in this challenge on behalf of an immigration detainee with very severe mental illness who had been subject to unlawful removal from association (led by Nick Armstrong KC). The Defendant conceded the claim shortly before trial and accepted that there had been a breach of Article 3 ECHR.

R (Barizi) v Secretary of State for the Home Department [2023] EWHC 3491 (Admin)
Alex acted unled before the High Court and secured a mandatory order for the claimant to be released from immigration detention to Schedule 10 accommodation.

R (AJ & AK) v Secretary of State for the Home Department
Alex was instructed in this policy challenge concerning failures in the evacuation of Harmondsworth IRC during November 2022 (led by Nick Armstrong KC). The Defendant conceded the claim on the first day of trial and accepted that there had been a breach of Article 3 ECHR, alongside paying the Claimants substantial damages.

Brook House Inquiry
Alex was instructed on behalf of several core participants in the Brook House Inquiry concerning the mistreatment and abuse of vulnerable detainees at Brook House IRC following a Panorama investigation in 2016 (led by Stephanie Harrison KC). The final report was published in September 2023 and vindicated the detainees who fought to establish the Inquiry.

Re Manston Short Term Holding Centre
Alex was instructed by a leading NGO to provide advice regarding a potential challenge to systemic failures at Manston Short-Term Holding Facility (STHF) during the widely reported migrant arrival crisis in September and October 2022 (led by Greg Ó Ceallaigh KC). Press Coverage: The Guardian, BBC News, The Independent.

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Community Care Law

R (HZ and Others) v Secretary of State for the Home Department [2023] EWHC 660 (Admin)
Alex was instructed by Shelter on this challenge to the policy regarding Bridging Hotel accommodation provided to Afghan refugees (led by Martin Westgate KC). News item here. Press Coverage: Evening StandardITV News

R (Ganpot) v Secretary of State for the Home Department [2023] EWHC 197 (Admin)
Alex appeared unled for three claimants and successfully obtained a mandatory order requiring the SSHD to accommodate them at a contested interim relief hearing.

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Mental Health Law

Derbyshire Healthcare NHS Foundation Trust v Secretary of State for Health And Social Care [2023] EWHC 3182 (Admin); [2024] 2 WLR 1113
Alex acted for MIND in a successful intervention to this case concerning the lawfulness of remote assessment to renew Community Treatment Orders (led by Roger Pezzani).

SS v Cornwall Partnership NHS Foundation Trust [2023] UKUT 258 (AAC)
Alex acted in this successful appeal concerning the requirement to obtain aftercare information (led by Roger Pezzani).

AC v Cornwall Partnership NHS Trust [2023] MHLO 1 (UT)
Alex appeared unled before the Upper Tribunal in an application for permission to appeal concerning the refusal to make a statutory recommendation rather than an extra-statutory recommendation.

Buckinghamshire CC v MP (unreported)
Alex appeared on behalf of the patient’s parent and resisted a Nearest Relative displacement application.

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Notable Cases & News

High Court grants interim relief for immigration detainee with pending Proceeds of Crime Act proceedings

Alex Schymyck, of the Garden Court Chambers Public Law Team, represented the Claimant, instructed by Halima Safa Ahmed of Duncan Lewis Solicitors.

19 September 2024

Alex Schymyck assists in securing release of vulnerable individual from immigration detention

Alex Schymyck of Garden Court Chambers represented the client, instructed by Tom Leahy and Gemma Lynch of Duncan Lewis Solicitors.

16 July 2024

Immigration Blog: Garden Court barristers secure clean sweep of Rwanda removals bail victories

Blog post by Georgie Rea of the Garden Court Immigration Law Team.

24 June 2024

High Court determines that Windrush victims are not entitled to Legal Aid

Grace Brown, Joint Head of Garden Court Chambers, and Alex Schymyck, also of Garden Court, represent Joyce Oji, instructed by Southwark Law Centre (SLC). King’s Legal Clinic & the Windrush Justice Clinic are supporting SLC in this case.

3 June 2024

High Court orders release from immigration detention to Schedule 10 accommodation

Alex Schymyck of Garden Court Chambers represented the claimant, instructed by Lewis Kett and Dominic Chambers of Duncan Lewis Solicitors.

16 April 2024

High Court challenge to Legal Aid Agency’s decision to refuse public funding to Windrush victim in compensation claim while new report finds 'structural weaknesses' in Windrush Compensation Scheme

Grace Brown, Joint Head of Garden Court Chambers, is acting in an upcoming High Court challenge to grant legal aid to a claimant under the Windrush Compensation Scheme (WCS) and is among the contributors to KCL's research report.

14 February 2024

Home Secretary admits Article 3 ECHR breach and concedes unlawful detention claim for £105,000

The Claimant was represented by Alex Schymyck of Garden Court Chambers, led by Nick Armstrong KC of Matrix Chambers and instructed by Lewis Kett and Dominic Chambers of Duncan Lewis Solicitors.

6 February 2024

Garden Court counsel successfully oppose Hospital Trust claim that orders permitting compulsory treatment can be implemented and extended by remote examinations

Garden Court’s Stephen Simblet KC and Ollie Persey acted for PQR, instructed by Deborah Robinson through Cartwright King Solicitors, with Garden Court’s Roger Pezzani and Alex Schymyck instructed by Rheian Davies on behalf of Mind.

20 December 2023

Home Secretary admits to Article 3 ECHR breach and Equality Act breach during Harmondsworth IRC evacuation

Alex Schymyck, of the Garden Court Chambers Public Law Team, instructed by Lewis Kett, Nicholas Hughes and Dominic Chambers of Duncan Lewis Solicitors for the Claimants.

30 November 2023

Upper Tribunal provides important guidance on proceeding without aftercare evidence

Roger Pezzani and Alex Schymyck of the Garden Court Mental Health Law Team acting, instructed by Ben Conroy and Joseph Railton of Conroys Solicitors.

17 November 2023

Immigration Blog: The expansion of immigration detention in the Illegal Migration Act 2023

Blog post by Alex Schymyck of the Garden Court Immigration Team.

1 November 2023

Dangerous use of force, failure of safeguards and culture of dehumanisation - Brook House Inquiry report finds 19 instances of inhumane or degrading treatment

Stephanie Harrison KC leading Louise Hooper, Gordon Lee, Kirsten Heaven, Una Morris, and Alex Schymyck, of the Garden Court Chambers Inquests and Inquiries Team represented former detainees, instructed by Hamish Arnott of Bhatt Murphy.

19 September 2023

High Court grants permission for judicial review in challenge to Home Office evacuation response at Harmondsworth

Alex Schymyck of the Garden Court Public Law Team and Nick Armstrong KC of Matrix Chambers acted for the claimants.

20 April 2023

Afghan children and their families abandoned in remote hotels following High Court ruling

Raza Halim, Tessa Buchanan, Oliver Persey, and Alex Schymyck of the Garden Court Public Law Team acted for the families, instructed by Public Law Project, Deighton Pierce Glynn and Shelter Legal Services.

24 March 2023

Garden Court Chambers Brook House Inquiry Team jointly wins Highly Commended Halsbury Rule of Law Award at LexisNexis Legal Awards 2023

We are delighted to announce that the Garden Court Chambers Brook House Inquiry Team has jointly won 'Highly Commended' for the Halsbury Rule of Law Award at the Lexis Nexis UK 2023 Awards.

24 March 2023

Brook House Inquiry into mistreatment and abuse in immigration detention recognised in shortlist for Halsbury Rule of Law Award at LexisNexis Legal Awards 2023

Members of the Garden Court Chambers Inquiries Team jointly shortlisted for the Halsbury Rule of Law Award at LexisNexis Legal Awards 2023 for their vital work on the Brook House Inquiry.

23 March 2023

High Court orders Home Office to provide Schedule 10 accommodation to destitute migrants

Alex Schymyck of Garden Court Chambers acted for the family, instructed by Rachel Stower and Victor Buehring of Luton Law Centre.

9 February 2023

Garden Court Chambers Brook House Inquiry Team jointly shortlisted for Halsbury Rule of Law Award at Lexis Nexis 2023 Awards

We are delighted to announce the Brook House Inquiry Team at Garden Court Chambers has been shortlisted for the Halsbury Rule of Law Award at the Lexis Nexis UK 2023 Awards.

24 January 2023

Vulnerable woman with a learning disability wins her homelessness appeal

Justine Compton and Nick Bano, of the Garden Court Chambers Housing team, represented SR, assisted by Alex Schymyck, Pupil at Garden Court Chambers.

17 November 2021

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Background

Prior to coming to the Bar, Alex taught Public Law at the London School of Economics and worked as a Judicial Assistant at the Court of Appeal. Alex also spent several years as a senior caseworker at a public law firm preparing judicial review and civil claims on behalf of vulnerable clients.

Publications

'The Hardial Singh principles and the Principle of Legality’, Public Law, July 2021, 489-496

‘Immigration bail: focus’, Legal Action, 2020, Oct, 26-27

‘A comparison of the Hardial Singh principles and article 5(1)(f) ECHR’, Journal of Immigration, Asylum and Nationality Law, 2020, 34(3), 236-253

‘Why the proposed changes to asylum legal aid fees are unlawful’, U.K. Const. L. Blog (23rd June 2020)

‘Helicopter Money: Could the government force the Bank of England to print money?’, U.K. Const. L. Blog (15th April 2020)

‘Vulnerable Detainees in Prison Illustrate the Need for Consistency as a Ground of Review’, U.K. Const. L. Blog (24th Feb 2020)

Free Movement Blogs

Significant damages for victim of abuse at Brook House
Home Office ordered to pay £20,000 for 60 days’ false imprisonment – 4 Jan 2024
Youth Mobility Visa – 12 May 2024
Upper Tribunal awards significant damages for unlawful Dublin refusal – 25 April 2023
High Court rejects challenge by Afghan families to hotel move – 4 April 2023
High Court orders Home Office to provide Schedule 10 accommodation to destitute migrants – 10 Feb 2023
No damages for unlawful no recourse to public funds policy – 10 Feb 2023
High Court orders Home Secretary to immediately increase asylum support rates– 9 Jan 2023

Garden Court Blogs

Immigration Blog: The expansion of immigration detention in the Illegal Migration Act 2023 – 1 November 2023
Social Welfare Update: Open Justice and the Mental Health Tribunal: Maher v FTT – 30 May 2023

Training and Seminars

Alex provides training in relation to his areas of practice. Please contact the clerks to arrange training.

Previous Events:
 Brook House Inquiry Conference – 6 Dec 2023
Court of Protection Conference – 8 Nov 2023
Urgent applications in homelessness and community care cases – 11 May 2023

Awards

  • LexisNexis Legal Awards 2023 - Garden Court Brook House Inquiry Team - Highly Commended Halsbury Rule of Law Award
  • Lord Denning BPTC Scholarship, Lincoln's Inn
  • Advocacy BPTC Scholarship, BPP
  • William Charnley LLM Scholarship, Hughes Hall, University of Cambridge
  • Lord Brougham GDL Scholarship, Lincoln's Inn

Education

LLM, University of Cambridge, First Class
GDL, City Law School, Distinction
BA Philosophy, Politics and Economics, University of Oxford, First Class

Professional Membership

Administrative Law Bar Association
UK Constitutional Law Association

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