Author: Bijan Hoshi

Bijan Hoshi

Bijan Hoshi

Bijan is a barrister practicing in public law and human rights at Garden Court Chambers. He undertakes work in all areas of immigration, asylum and nationality law.

In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the previous country guidance case, PO (trafficked women) Nigeria [2009] UKAIT 00046, in order to demonstrate a real risk of persecution on return to Nigeria, a...

25th October 2016
BY Bijan Hoshi

The Upper Tribunal has promulgated long-awaited guidance on the interpretation of section 117B Nationality, Immigration and Asylum Act 2002. The headnote of AM (S 117B) Malawi [2015] UKUT 260 (IAC) provides:

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28th May 2015
BY Bijan Hoshi

On 20 November 2014, the National Audit Office – the independent Parliamentary body responsible for scrutinising the way in which the government spends public money – published a report on the implementation of the post-2010 civil legal aid reforms. Its central conclusion is an unsurprising one: while spending on civil...

5th December 2014
BY Bijan Hoshi

This post is a brief summary of the removals and nationality provisions of the Immigration Act 2014, and is accompanied by an audio extract from a seminar given by Colin Yeo, Sadat Sayeed, Mark Symes and I at Garden Court Chambers on 13 August 2014, at which I spoke on...

18th August 2014
BY Bijan Hoshi

In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy and practice applied by the Secretary of State in the operation of the detained fast track and concluded that it ‘carries with it too high...

15th July 2014
BY Bijan Hoshi

In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by the Upper Tribunal. In doing so, the Court appeared to disapprove of the practice of instructing expert witnesses to comment on particular findings made by...

10th July 2014
BY Bijan Hoshi

The Civil Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2014 came into force on 22 April 2014 with the effect that judicial review proceedings commenced on or after that day will not be funded unless: (a) the High Court or Upper Tribunal grants permission; or, (b) permission is neither granted...

19th May 2014
BY Bijan Hoshi

The Supreme Court considered the best interests principle in the immigration, asylum and nationality context twice during 2013.  Both cases continued the trend of the contraction of the principle in the higher appellate courts.

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24th March 2014
BY Bijan Hoshi

Both parties and practitioners are entitled to expect that the practice and procedure of the court in which their case is heard will be consistent and fair irrespective of which court it is and where it is.  Yet a Freedom of Information Act 2000 request made by academics at the...

30th November 2013
BY Bijan Hoshi

The Bail Observation Project has published its second report on immigration bail hearings in the First-tier Tribunal. The critical tenor of the report is revealed by its title: Still a Travesty: Justice in Immigration Bail Hearings.

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28th October 2013
BY Bijan Hoshi
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