Phoenix Law Challenges Government’s Citizenship Policy for Refugees

Phoenix Law have lodged judicial review proceedings against the Secretary of State for the Home Department, challenging the legality of her new policy on the “good character” requirement for British Citizenship – specifically as it applies to refugees who have arrived in the UK through irregular means.

Our client is a recognised refugee and victim of trafficking who wishes to obtain British Citizenship in the future. Under the new Home Office guidance, individuals who have entered the UK “illegally” – including refugees fleeing persecution – may be refused citizenship on the basis of not meeting the “good character” requirement.

We are challenging the compatibility of this policy with the proper interpretation of the British Nationality Act 1981, taking into account the UK’s obligations under the Refugee Convention. The Refugee Convention prohibits penalising refugees for their method of entry, recognising that lawful routes are often inaccessible for those seeking asylum.

In addition, we argue that the guidance breaches;

    • Article 14 of the European Convention on Human Rights: which prohibits discrimination in the enjoyment of rights and freedoms;
    • The Windsor Framework: which continues to provide for the influence of EU law in Northern Ireland, including protections for refugees who seek to naturalise in their country of settlement.

This legal challenge has significant implications for refugees across the UK. The outcome may determine whether those who have arrived seeking protection are unjustly excluded from the opportunity to become British citizens based solely on the circumstances of their arrival.

Our Sinead Marmion with counsel Hugh Southey KC and Raj Desai of Matrix Chambers act in this matter.

 

 

 

 

Senior Associate

Sinead Marmion

Director

Peter Corrigan

Legal Executive

Clíodhna Hardy

Legal Executive

Alannah Faulkner

Senior Associate

Sinead Marmion

Sinead is a Senior Associate 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.

Director

Peter Corrigan

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) 

Legal Executive

Alannah Faulkner

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