Our People

Shuyeb Muquit (1998)

Teams

Crime, Immigration, Public Law & Judicial Review

Education

1985-1992 - King Edward Grammar School

1992-1995 - London School of Economics [Bsc]

1995-1996 - University of Birmingham [CPE]

1997-1998 - BPP [BVC]

Profile

Shuyeb was called to the Bar of England and Wales in 1998 and is a member of the Inner Temple. Shuyeb completed his pupillage under the guidance of James Gillespie (lately known as the co-author of the Immigration Law Handbook), before joining 12 Old Square, Lincoln's Inn, as a Tenant in 2000. Shuyeb accepted an invitation to join 1 Mitre Court Buildings in June 2010.

Shuyeb is a Barrister specialising in Public and Administrative law, with a significant focus on Human Rights and Immigration law. He has represented clients in all tiers of the Tribunal and up to the Administrative Court and the Court of Appeal.

Shuyeb has also developed a strong Crown Court criminal defence practice, focusing in particular on immigration related criminal law and offences involving fraud in various contexts.

Shuyeb also appears regularly in the County Court defending against Notices of Liability issued by the Border Agency to both employees and employers in its efforts to prevent illegal working.

Shuyeb was junior Counsel in the Cambridge College test case. He was also Counsel on behalf of "the Madame of the West End", successfully defending against the proposed immigration deportation of one of the most prolific brothel owners to have been convicted by a criminal court in the United Kingdom, and who was a failed asylum seeker.

Notable cases

Some of Shuyeb's Reported cases include:

A (Ethiopia) [2003] UKIAT 00103 "Reported"

Interpreters – procedural fairness – Immigration and Asylum (Procedure) Rules 2003 – Guidelines for Adjudicators.

OI (Late reliance on fresh evidence) Somalia [2004] UKIAT00196 "Reported"

SA (Pragmatism – No basis for decision – Paragraph 206 HC 395) Saudi Arabia [2005] UKIAT00007 "Reported"

GS (Article 8 - public interest not a fixity) Serbia and Montenegro [2005] UKAIT 00121 "Reported"

One of the first Article 8 decisions to emphasise that "public interest" was not to be regarded as a factor which carried determinative weight in every case in which it constituted a relevant consideration or even that it carried the same weight in any case.

R on the application of Sritharan [2003] EWHC 181 (Admin)

First challenge to the Home Office's approach to the issue of risk for Sri Lankan asylum seekers arriving during the ceasefire.

R on the application of Campbell [2003] EWHC 2681 (Admin)

Case seeking to establish the doctrine of substantial compliance in the context of form filling.

Sathiyaseelan v SSHD [2002] EWCA Civ 1244

Recognition that subjective anguish could result in breach of Article 3 ECHR even without extant objective well founded fear.

IB (Ghana) v SSHD [2008] EWCA Civ 146

Deportation decision of Tribunal overturned on appeal to Court of Appeal following the grant of permission on renewal.

SA (Kuwait) v SSHD [2009] EWCA Civ 1157

First case to qualify the Tanveer Ahmed principles on the approach to documentary evidence in the immigration context.

Most recently [on 02/06/10] Shuyeb has secured permission to appeal to the Court of Appeal in the case of OO (Nigeria) v SSHD upon the argument that one of the effects of delay in decision making by the SSHD should be the introduction of something akin to a species of estoppel, whereby the SSHD is prevented from relying on article 8(2) justification for interfering with private life, namely the promotion of efficient immigration control.

Shuyeb has been involved in very many actions before the Court of Appeal and High Court which have settled without resolution being necessary by the Courts upon grants of permission.

Commendations

"I found Shuyeb to be a brave, imaginative and intelligent advocate whose extreme enthusiasm for the law is matched by his unrelenting concern for the interests of his client. Certainly a practitioner to watch out for" - Manjit Gill QC

"I have recently led Shuyeb in a test case immigration appeal. I was impressed by his knowledge of immigration law and by his industry and hard work. I have no doubt he will go far" - Ian Macdonald QC

Memberships

Shuyeb is an appointed member of the Kurdish Human Rights Project legal team.

He is also an Honorary member of the Lupus Elyse team.

Interests

Whilst at the LSE, where he studied Social and Economic History, Shuyeb was elected President of the Bengali Society, having initially been the group's Publicity Officer. Shuyeb began his BVC following a short stint working for the Department of Trade and Industry.

Beyond his family and career, Shuyeb enjoys travel and has a keen interest in literature and world affairs. Shuyeb speaks Bengali (Sylheti) fluently as well as conversational Hindi.