Our People

Benjamin Hawkin (1998)

Teams

Immigration, Mental Health, Prison Law, Public Law & Judicial Review

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.

Ben has represented clients from Afghanistan, Albania, Algeria, Angola, Bhutan, Burundi, Cameroon, China, Colombia, Croatia, the Czech Republic, the Democratic Republic of Congo, Eritrea, Ethiopia, Ghana, India, Iran, Iraq, Ivory Coast, Jamaica, Kenya, Kosovo, Latvia, Lebanon, Liberia, Macedonia, Moldova, Nepal, Nigeria, Pakistan, Palestine, the Philippines, Poland, the Republic of Congo (Brazzaville), Romania, Russia, Rwanda, Saudi Arabia, Serbia, Sierra Leone, Somalia, Sudan, Turkey, Togo, Uganda, Ukraine, the United States of America and Zimbabwe.

He has appeared on numerous occasions before Adjudicators, the Immigration Appeal Tribunal and the Asylum and Immigration Tribunal. 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, researching the doctrine of transferred intent in US felony murder cases.

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 – settlement with one of two joint tortfeasors – requirement for separate damage – 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 before Adjudicator – originally at risk of political persecution in Ethiopia – given diplomatic sanctuary in Eritrea – whilst visiting United Kingdom his colleagues were eliminated by now hostile Eritrean government – appeal allowed.

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 (Q and Others) v SSHD (CA) [2003] 3 WLR 365
Section 55 of Nationality, Immigration and Asylum Act 2002 – requirement to claim asylum as soon as practicable – withholding of benefits – procedural fairness – Articles 3, 6 and 8 of European Convention on Human Rights – proceedings attracted widespread media coverage and sparked ongoing debate on relationship between Home Secretary and judiciary.

R v FCT [2003] EWCA Crim 1006
Long-running proceedings 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 – appeals allowed.

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.

AD v United Kingdom (ECtHR) (41358/04)
Application to Strasbourg Court – Articles 7 and 8 of European Convention on Human Rights – challenge to deportation order made on basis of criminal conviction.

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 – system of “Country Guidance” cases – whether fresh 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 – appeal dismissed by Tribunal – permission to appeal granted by Court of Appeal – remitted by consent to Tribunal – original asylum refusal withdrawn – refugee status eventually granted by Home Secretary.

R (OO) v Parole Board (Admin Court) (CO/8469/2006)
Judicial review of decision of Parole Board – 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 – whether post-decision evidence admissible to show refusal of early release based on mistaken factual basis – 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 United States government – whether appellant exempt from immigration control – serious illness and Article 3 of European Convention on Human Rights – long-standing relationship and residence in United Kingdom and Article 8 – appeal allowed.

R (PM) v IPCC [2007] EWCA Civ 945
Judicial review of decision of Independent Police Complaints Commission – weight to be attached by investigator of complaint against police to untested evidence – requirement of balanced investigation of complaint – legality of original police actions – permission for judicial review granted by Court of Appeal – settled by consent.

NM v SSHD [2007] EWCA Civ 214v Asylum appeal dismissed by Tribunal – Tribunal ruled that act of obtaining Afghan passport from Embassy in United Kingdom 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 – case remitted for rehearing.

AG v SSHD [2007] EWCA Civ 1534
Rule 289A of Immigration Rules – requirements for indefinite leave to remain in United Kingdom as victim of domestic violence – definition of domestic violence in Immigration Directorates’ Instructions – includes psychological, physical, sexual or emotional abuse – evidence in support of such claim not limited to kinds of documentary evidence listed in Immigration Directorates’ Instructions – rejection of entirety of appellant’s account required clear and forceful reasoning – Tribunal’s determination therefore legally flawed – case remitted for rehearing.

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