Our People

Benjamin Hawkin (1998)

Teams

Immigration, Mental Health, and Public Law

Education

LL.B (Hons) 2.1, London School of Economics (1994-97)
Leonard Sainer Legal Education Foundation Scholarship (1997)
Bar Vocational Course, Inns of Court School of Law (1997-98)
Colombos Prize for International Law, Middle Temple (1998)

Profile

Ben practises in Immigration, Mental Health, Prison Law, Public Law & Judicial Review, with an emphasis on human rights issues.

He deals with all aspects of Immigration – including asylum, humanitarian protection, deportation, European Union issues, entry clearance, settlement and the Points-Based Scheme – and has represented clients from many different countries around the world.

Ben has appeared on countless occasions before the First-Tier and Upper Tribunals. He has also taken many cases to the High Court and the Court of Appeal, either appearing himself or being led by a Queen's Counsel.

A particular strength is drafting written grounds in urgent cases and/or obtaining High Court injunctions to prevent removal.

Ben's Public Law work originally started in the Immigration context, but has now progressed to include judicial review of bodies such as the Parole Board and the Independent Police Complaints Commission.

He is also a member of Amicus, and took part in its work on the Kenny Richey case.

Direct Public Access

Ben is qualified to accept instructions under the Direct Public Access Scheme.

Publications

Co-author of "A Practical Guide to Presenting Asylum and Human Rights Claims" (October 2003, Butterworths).

Notable cases

Ogle v Thames Valley Police [2001] EWCA Civ 598
Failure to maintain accurate entry on Police National Computer – wrongful arrest and false imprisonment – principles relating to damages under Data Protection Act 1984.

OAMH v SSHD (IAA) (HX/58493/2002)
Represented leader of Afar Liberation Front in asylum appeal – originally at risk of political persecution in Ethiopia – given diplomatic sanctuary in Eritrea – whilst visiting United Kingdom his colleagues eliminated by now hostile Eritrean government.

R (Spiro) v Immigration Appeal Tribunal (CA) [2002] Imm AR 356
Judicial review of decision of Tribunal – High Court judge considering application also President of same Tribunal – whether precluded on ground of perceived bias.

R v FCT [2003] EWCA Crim 1006
Appeal against conviction for benefit fraud – 4 hearings before full Court of Appeal over course of 2-and-a-half years – different representation on appeal – issues of disputed identity and nationality – fresh evidence – facial mapping – forensic document examination – Letters of Request to Isle of Man and Kenyan authorities.

LAK and LMK v SSHD (IAA) (HX/32576/2003, HX/38020/2003)
Represented grandchildren of Moustafa Ben Boulaid (one of leaders of Algerian War of Independence) in asylum appeals – fear of Groupe Islamique Armé – profile such that State could not effectively protect them anywhere in Algeria.

R (Q and Others) v SSHD (CA) [2004] QB 36
Section 55 of Nationality, Immigration and Asylum Act 2002 – requirement to claim asylum "as soon as reasonably practicable" – withholding of benefits – Articles 3, 6 and 8 of the ECHR – case attracted widespread media coverage and sparked ongoing debate on relationship between Home Secretary and judiciary.

Benkaddouri v SSHD (CA) [2004] INLR 1
Rule 33 of Immigration and Asylum Appeals (Procedure) Rules 2000 – repeated non-compliance by Home Office with Tribunal directions – whether asylum appeal should have been allowed without consideration of merits.

R (Iran) and Others v SSHD (CA) [2005] INLR 633
Section 101 of Nationality, Immigration and Asylum Act 2002 – jurisdiction of Immigration Appeal Tribunal to consider appeal on point of law – whether new evidence should be admitted by Tribunal or used to make fresh asylum claim.

HOA v SSHD (AIT) (AA/03459/2005)
Represented brother of two of Madrid train bombers in asylum appeal – innocent of any wrongdoing – likelihood of torture by Moroccan security services based on perception of knowledge of Madrid plot and related network – further issue as to whether United Kingdom security services had planted listening device in his London home.

R (OO) v Parole Board (Admin Court) (CO/8469/2006)
Extent to which move from open to closed prison conditions should influence decision on early release – no substantial evidence adduced as to reasons for move – permission granted – settled by consent.

JBG v SSHD (AIT) (AA/14472/2006)
Represented Liberian diplomatic attaché in immigration and human rights appeal – effect of previous unsuccessful extradition proceedings brought by US government – whether appellant exempt from immigration control.

NM (Afghanistan) v SSHD [2007] EWCA Civ 214
Relying on MW (National passport: re-availment of protection) Pakistan [2004] UKIAT 00136, Tribunal ruled that act of obtaining passport from Embassy in London meant that appellant had voluntarily re-availed himself of State protection under Article 1C(1) of Refugee Convention – and that his account not credible either – Court of Appeal overturned both rulings.

R (Peter Mahon) v Independent Police Complaints Commission [2007] EWCA Civ 945
Requirement that investigation of complaint against police be thorough and balanced – permission for judicial review granted by Court of Appeal – settled by consent – IPCC subsequently made fresh decision concluding that appellant had been unlawfully arrested – for article from "The Big Issue", including views of Nick Hardwick, Chairman of IPCC, click here.

AG (India) v SSHD [2007] EWCA Civ 1534
Rule 289A of Immigration Rules – indefinite leave to remain as victim of domestic violence – definition must include psychological, physical, sexual or emotional abuse – evidence not limited to documents in Immigration Directorates’ Instructions – rejection of entirety of account required clear and forceful reasoning.

SI (mixed Serb/Roma parentage) Kosovo CG [2009] UKAIT 00011
Kosovan of mixed Serb/Roma ethnicity – father killed by ethnic Albanian community on suspicion of collaborating with occupying Serb forces – designated by Tribunal for “Country Guidance”.

Memberships

Administrative Law Bar Association
Amicus: Assisting Lawyers for Justice on Death Row
Bar Pro Bono Unit
Extradition Lawyers Association
Human Rights Lawyers Association