[photo] Francesca Delany (1994)Francesca Delany (2006)

Teams

Actions against the Police, Crime, lmmigration, International Human Rights and Public law


Education

1997-2000. BA, University of Cambridge
2000-2001. MA, University of London
2003-2004. CPE, City University
2005-2006. BVC, ICSL
Astbury Scholarship (Middle Temple)


Practice

Francesca practises in all areas of criminal defence, immigration, asylum, nationality and human rights law.


Crime

Francesca is regularly instructed in the Crown Court and Court of Appeal and has extensive trial experience, representing those charged with violent and sexual offences, robbery, burglary, POCA offences, fraud and drug offences. Francesca is particularly interested in cases involving civil liberties and in the overlap between the criminal and immigration jurisdictions. She has represented clients in both their criminal cases and their deportation and human rights appeals and recently appeared in a leading Court of Appeal case on the criminalisation of refugees entering the UK on false documents.

Reported cases include;

  • R. v Dast Jerdi (Bakhshi Ali) [2011] EWCA Crim 365, a successful out of time appeal against conviction following R v Mohammed & Ors (below).
  • R v Mohammed and Others [2010] EWCA Crim 2400, a successful out of time appeal against conviction on behalf of an Iranian illegal entrant charged with possession of a false passport. The Appellant was not advised by his original criminal representatives of the existence and scope of the statutory defence under s.31 Immigration and Asylum Act 1999.
  • Regina v Deol [2008] EWCA Crim 2994, in which a sentence of 30 months, for breach of a restraining order, was reduced on appeal to 8 months.
  • Regina v Jaroslaw Gacke, Patryk Pomykala, Natalia Piatek, Rafal Zywicki [2009] EWCA Crim 2645 a successful appeal against sentence, in which sentences for offences under the Proceeds of Crime Act were reduced to secure immediate release.

Notable cases include;

  • R v NB & Ors, Multi-handed youth robbery at Reading Crown Court involving a successful s.78 challenge to identification evidence contaminated by ‘Bebo' viewing.
  • London Borough of Ealing v MP, counsel for defendant at Isleworth Crown Court involving fraud committed against an employer, namely the prosecuting authority.
  • R v FN & Ors, counsel for 15 year old charged with multiple robberies in which complex issues involving bad character arose.

Immigration

Francesca acts regularly in asylum, human rights, deportation and immigration appeals in the First –tier and Upper-tier Tribunals and is also instructed in the High Court and Court of Appeal. Francesca is experienced in drafting grounds for reconsideration and leave to appeal to the Court of Appeal and advising on fresh asylum and human rights claims. She is regularly instructed in judicial review applications relating to fresh claims, nationality refusals, delay, certification and unlawful detention.

Francesca is particularly interested in unlawful detention cases and cases involving human trafficking, violence against women and sexual minorities.

Francesca has appeared frequently on a pro bono basis for BID- Bail for Immigration Detainees.

Francesca has provided CPD accredited lectures on Immigration and Asylum law, Judicial Review and Immigration Bail.

Cases undertaken include;

European Court of Human Rights

  • N v UK, application to European Court of Human Rights on behalf of Sri Lankan Tamil.
  • ET v Russia, European Court of Human Rights application on behalf of Georgian national arising from South Ossetian conflict.

Judicial Review/ Injunctions

  • R (BH) v SSHD, Judicial Review of fresh claim.
  • R (MA) v SSHD, Judicial Review of unlawful detention.
  • R (SS) v SSHD, Judicial Review of Home Office delay.
  • R (ND) v SSHD, emergency injunction to prevent removal of family.

Asylum, Human Rights and Deportation

  • PA (Iran) v SSHD, Iranian Christian asylum appeal.
  • RN (Sri Lanka) v SSHD, Tamil asylum appeal, Court of Appeal.
  • JA & JH (Kuwait) v SSHD, Kuwaiti Bidoon asylum and human rights appeal.
  • ET (Eritrea) v SSHD, asylum and human rights appeal.
  • KS & ZS (Afghanistan) v SSHD, asylum and human rights appeal.
  • BF (Nigeria) v SSHD, deportation appeal on behalf of client with British child and Jamaican partner.

Family Reunion and 'Tier' Visas

  • IG (Russia) v ECO, appeal against refusal of elderly dependent relative visa.
  • HH (Somalia) v ECO, appeal against refusal of visa to children of recognised refugee.
  • AI (Australia) v SSHD, appeal in ‘Tier 1' highly skilled points-based case.


Profile

Francesca's background is in human rights and criminal justice. She has worked for the Kurdish Human Rights Project (KHRP), Bail for Immigration Detainees (BID) and a Kazakh human rights NGO in Almaty, Kazakhstan.

In 2004-2005 Francesca worked in Houston, Texas for the Gulf Region Advocacy Centre (GRACE), in conjunction with Reprieve, representing those on Death Row.

Francesca wrote the Iran country report in 2006 for the UK Lesbian and Gay Immigration Group (UKLGIG).

She served on the Management Committee of the Hackney Community Law Centre from 2008-2011.

Francesca is a committed cyclist.


Memberships

Reprieve
Human Rights Lawyers' Association


Languages

Francesca speaks French and Italian and conversational Farsi, Russian and Spanish.