Immigration Law for Criminal Lawyers - Particular Implications for Children in the CJS

The panel will provide an overview of the immigration implications (including rights to citizenship, rights of residence, deportation) of different criminal justice disposals and discuss the impact of EU withdrawal and lowering of deport threshold for EEA nationals. 
 
The panel will also provide an introduction to the National Referral Mechanism, the framework for identifying and referring potential victims of trafficking and how to challenge decisions of the National Referral Mechanism. 

In addition, the panel will discuss the recent chamber judgment of VCL and AN v UK, in which the Court found that the UK authorities failed to adequately protect two potential child victims of trafficking, finding violations of Articles 4 and 6 ECHR. This is the first time the ECtHR has considered the relationship between Article 4 ECHR and the prosecution of victims and potential victims of trafficking. Judgment link here. Court’s press release link here. 

This webinar will be packed with practical guidance for criminal practitioners including how to access immigration legal advice and funding issues.
 

Speakers

Gemma Loughran, Barrister, Garden Court Chambers
Gemma Loughran provides advice and representation in all areas of immigration, asylum and human rights law. She is recommended in the Legal 500 and in the Chambers UK Bar Guide in immigration. Gemma has extensive experience in asylum and human rights law, having worked in the field for over 15 years. She regularly appears in high-level complex asylum and deportation appeals. Gemma undertakes national security work in the Special Immigration Appeals Commission, acting in deprivation of citizenship cases. Gemma appears in the High Court in a broad range of cases often involving challenging removal, detention, certification, trafficking decisions under the National Referral Mechanism, fresh claim refusals, legacy decision making and other immigration-related public law challenges. Gemma is experienced in urgent removal cases and often represents unaccompanied asylum seeking children trying to join family members in the UK under the family reunification provisions in the EU Dublin III Regulation. 

Gemma is particularly well known for her experience and expertise in trafficking cases. She is a contributing author to Macdonald’s Immigration Law and Practice (LexisNexis), the UK’s leading practitioner textbook in immigration law and is currently updating the chapter on trafficking for the forthcoming edition. She is also a contributing author to Human Trafficking and Modern Slavery, Law and Practice (Bloomsbury). She co-convenes the Anti Trafficking Legal Project. 

Emma Fitzsimons, Barrister, Garden Court Chambers
Emma Fitzsimons is an immigration and public law barrister, practising in immigration and asylum, unlawful detention, trafficking, age assessments and community care. Emma is a committed and conscientious advocate, who has particular strength in representing vulnerable clients. She regularly appears on behalf of unaccompanied minors, trafficking victims and vulnerable adults in the First-tier Tribunal, Upper Tribunal and Administrative Court. She also has experience of fresh claim and certification judicial review challenges, as well as urgent removal cases. She has experience acting for age disputed asylum-seeking children, and has acted in judicial review proceedings seeking appropriate bail accommodation for vulnerable detainees. Emma, together with Henry Blaxland QC and Stephen Clark of Garden Court Chambers, acted in the case VCL and AN v UK, representing VCL in his application to the European Court of Human Rights. She appears pro bono in bail applications on behalf of Bail for Immigration Detainees. She is a contributing author to the leading immigration practitioner text, Macdonald's Immigration Law and Practice.

Steven Galliver-Andrew, Barrister, Garden Court Chambers
Steven has a broad civil and criminal practice with a focus on immigration and public law. He brings an extensive body of multidisciplinary skills and experiences to his work at the Bar. He represents his clients with fearlessness and compassion in equal measure. Steven regularly advises and represents appellants in the First-Tier Tribunal and Upper Tribunal across all aspects of immigration and asylum law. He is particularly adept at strategizing complex cases, especially where they involve potential disclosure of criminality (e.g., trafficking, county lines etc), or overlap with extradition. To this end, he is developing a expertise in reviewing and challenging deportations or revocation of nationality in cases that hinge on historic facts or criminal convictions which raise issues of modern slavery. Steven has a particular interest in political asylum. To date, he has successfully represented former diplomats, ambassadors, and opposition figures who are at risk of persecution in their home country.  Steven also accepts instructions relating to judicial review applications to the Upper Tribunal and Administrative Court on matters such as certification, fresh claims, negative NRM referrals, community care / provision of bail accommodation and unlawful detention.

Philippa Southwell, Managing Director, Southwell & Partners
Philippa is an award-winning and internationally recognised lawyer in the field of modern slavery law. Philippa was called to the bar of England and Wales in 2009 as a Barrister, having cross qualified, she practices as a Solicitor Advocate. She lectures extensively both domestically, throughout the Middle East and Europe. She was called to give evidence as a legal expert in the Home Affairs Committee Modern Slavery Inquiry, she provided both oral and written evidence during the inquiry. Philippa also continues to  head the human trafficking and modern slavery department at Birds Solicitors. Philippa is also Managing Director of the Human Trafficking & Modern Slavery Expert Directory. She is co-author of Human Trafficking and Modern Slavery Law and Practice (Bloomsbury 1st & 2nd Edition) and co-author of “Does the new Slavery Defence Offer Victims any Greater Protection” (Archbold Review 9th November 2015 issue 9).

Philippa advises companies on modern slavery and human rights due diligence and provides training to both the private and public sector. Philippa regularly lectures on all many aspects of modern slavery law, compliance, forced criminality and child criminal exploitation and has been invited as guest lecturer at numerous Universities. Philippa drafted the Law Society practice notes on human trafficking and was advisor to the United Nations Children’s Fund (UNICEF) in relation to the UK’s Modern Slavery Act 2015. Philippa has acted in most of the significant and leading cases involving victims of modern slavery and forced criminality of the last decade, including the recent case VCL and AN v UK, as instructing solicitor for VCL in his application to the European Court of Human Rights.

Fatima Jichi, Barrister, Garden Court Chambers (Chair)
Fatima has a broad civil and criminal defence practice, with a focus on state accountability and youth justice. Fatima regularly represents children in the youth court, including vulnerable children with complex mental health issues and victims of trafficking. Fatima accepts instructions to appear in the First-tier and Upper Tribunals in asylum, human rights and deport appeals for vulnerable adults and children. Fatima has a strong commitment to pro bono work. She is regularly instructed by Bail for Immigration Detainees and Advocate. Fatima has also acted in settlement hearings in actions against the police, for vulnerable adults who lack capacity. She also advises on claims relating to false imprisonment in immigration detention. Fatima is a member of the Police Action Lawyers Group (PALG), is a founding member of Black Protest Legal Support (BPLS) and is also part of the group’s strategic litigation team.