Our Immigration Law team has extensive knowledge on all matters of immigration. This includes experience in asylum, EEA Regulations, EU Settlement scheme and family rights, the Immigration Rules, trafficking claims, corporate immigration, LGBT asylum claims, extradition and human rights applications. Immigration law is a challenging and dynamic area of law, crossing over into criminal law, family law, international law, European law, and public law.
We have previously acted for unaccompanied child asylum seekers who have come to the UK to seek protection, and ensuring that the Home Office act according to their domestic and international duties as a public body. We have specific expertise and experience in challenging Home Office decision-making by way of appeal and judicial review. Members of our team have acted in some of the most complex extradition and deportation claims in the jurisdictions of Ireland and the UK arising out of the threat of torture and the death penalty. We have appeared at all levels, including the European Court of Justice in which we recently represented the London based NGO the Aire Centre in the seminal case of Bajarati v Secretary of State for the Home Department [2019] ECR 1. At present, we have been retained to advise STEP in Dungannon, Ireland’s largest NGO concerned with advancing the rights of minorities living in Northern Ireland, on the current regulations pertaining to Immigration Law and in preparation for the precarious legal environment created with Brexit looming.
Sinead Marmion
Peter Corrigan
Clíodhna Hardy
Alannah Faulkner
Solicitor
Sinead Marmion
Sinead is a solicitor with expertise in dealing with asylum and immigration cases. She has an LLM in Human Rights Law at Queen’s University Belfast and is fluent in French.
Sinead has built up an expertise in immigration and asylum work, with specialism in unaccompanied children’s claims.
Judicial Review
Sinead has specialism in public law challenges in immigration cases through judicial review. She has successfully challenged the Home Office’s decision in respect of a minor asylum-seeker’s age assessment, which is the first of its kind in the jurisdiction. She has a number of judicial review challenges ongoing in respect of the Home Office’s delays in deciding asylum claims within a reasonable time. She is also acting in the first challenge in Northern Ireland in respect of how the rights of asylum seekers interact with the rights enshrined in Article 2 of the Northern Ireland Protocol. Sinead is acting in a judicial review against the PPS in the Divisional Court in respect of a failure to prosecute forced labour and slavery of fishermen in a Northern Irish port, which is also the first case of its kind in Northern Ireland. She is instructed in a number of judicial reviews against the Home Office in their failure to recognise her client as victims of trafficking. She has also acted in appeals from the High Court to the Court of Appeal.
Tribunals
She has represented clients at the First tier Tribunal, Upper Tribunal, and Asylum Support Tribunal. This includes successful challenges to refusals of asylum in LGBT cases, political persecution cases and religious persecution cases. She has also had successes in challenging refusals of granting of residence cards by the Home Office on derivative rights of residence cases through the Zambrano route. Sinead has also represented clients who have faced destitution due to unlawful refusals to grant asylum support through representation at the Asylum Support Tribunal.
Sinead also provides legal support on family and criminal defence cases arising from her immigration work.
Advice
She works closely with Barnardo’s Independent Guardian Service in dealing with cases for unaccompanied minors. Sinead also works with victims of trafficking and modern slavery and works closely with Flourish NI. Sinead is also retained by South Tyrone Empowerment Programme (STEP), which is Northern Ireland’s largest migrant organisation run by veteran civil rights activist, Bernadette McAliskey. Through her work with STEP, Sinead advises on complex cases involving Europeans and their family members applying to the European Settlement Scheme.
Sinead has experience in a wide range of immigration related matters including; entry clearance, family reunion, spouse and fiancé visas, family visas, European Economic Area (EEA), visit visas, and settlement and naturalisation applications.
Sinead obtains instruction from clients who are in detention in Larne House Detention Centre, often facing removal and deportation. This can lead to bail applications, asylum claims, judicial review, urgent injunctions, and unlawful detention claims.
Membership
Sinead has assisted on setting up the first Northern Ireland regional working group for the Immigration Law Practitioners’ Association (ILPA).
She is also Chair of the Law Society’s Immigration Practitioners’ Group.
Sinead has recently been appointed as Module Coordinator for the Immigration module on the Public Law & Tribunals course in the Institute of Professional Legal Studies in Queen’s University Belfast.
Sinead is a member of Phoenix Law’s wellbeing committee.
Legal Executive
Clíodhna Hardy
Clíodhna Hardy is a legal executive in the criminal defence and regulatory department. Clíodhna is an important member of the criminal defence team having been involved in serious and complex trials across a number of jurisdictions, including Dublin and Belfast. Clíodhna has acquired particular expertise in Extradition having advised on proposed extraditions to other jurisdictions which involved potential breaches of human rights.
Clíodhna advises both individuals and organisations regarding their right to protest and has recently been involved in the defence of high profile prosecutions of the Extinction Rebellion and Animal Rebellion protestors.
Criminal Defence:
- Extinction Rebellion (District Court, Dublin)
- Animal Rebellion (District Court, Dublin)
- DPP v Anthony Stokes (District Court, Dublin)
- DPP v Lisa Smith (Special Criminal Court, Dublin)
- R v Gerard Lagan (Double Murder – Belfast Crown Court)
- R v Jake O’Brien (Murder – Belfast Crown Court)
- Operation Arbacia (High profile prosecution involving offences including Directing Terrorism – ongoing)
Email:cliodhna@phoenix-law.org