Deok Joo Rhee KC

Deok Joo has been involved in constitutional litigation in multiple fora both domestic and overseas (including before the CJEU).

Instructions in this area include:

• R (on the application of AAA & Ors) v Commissioner for the British Indian Overseas Territories and Foreign, Commonwealth and Development Office, Supreme Court of the British Indian Overseas Territories (2023): novel challenge to the refusal of international protection in respect of Sri Lankan migrants on Diego Garcia; non-application of the ECHR and Refugee Convention to BIOT; application of customary international law and BIOT domestic law principles. Deok Joo acted as lead counsel for the Commissioner of BIOT.
• R (on the application of FB (Afghanistan) v Secretary of State for the Home Department [2020] EWCA Civ 1338 [2020] QB 185; R (on the application of Medical Justice) v Secretary of State for the Home Department [2019] EWHC 2391 (Admin): challenge to the Secretary of State’s ‘Removal Window Policy’; access to justice. Deok Joo acted as lead counsel for the Secretary of State in Medical Justice.
• R (on the application of Miller) v Prime Minister (‘Miller 2’) [2019] UKSC 41; EWHC 2381: challenge to the Prime Minister’s decision to advise the Queen to prorogue Parliament; exercise of prerogative powers, justiciability and parliamentary sovereignty; Brexit. Deok Joo acted as lead counsel for the (then) Shadow Attorney General, Baroness Chakrabarti.
• Ebanks v Department for the Environment [2016] CIGC J0801-1, Grand Court of the Cayman Islands: challenge to the open release of genetically modified mosquitoes under the Cayman Islands Bill of Rights; duties of consultation. First environmental law judicial review brought in the Cayman Islands. Deok Joo acted for the Claimant.
• Pelling v Secretary of State for the Home Department & Ors [2011] EWHC 3291: Deok Joo was instructed by the Attorney General for the Speaker of the House of Commons to defend parliamentary privilege.
• See also below under EU law (EU constitutional and international law; and EU Charter of Fundamental Rights).

Deok Joo has been invited to speak on key constitutional developments – see above. 

Deok Joo is a leading silk in the fields of administrative law and human rights law. She has appeared before the UK Supreme Court, other appellate courts and specialist tribunals of the UK and in the courts of the British Overseas Territories (including the Grand Court of the Cayman Islands, the Financial Services Division of the Cayman Islands and the Supreme Court of the British Overseas Indian Territories).

Deok Joo is often instructed in high profile and sensitive cases – frequently with strong European/ECHR and international law elements.

She is comfortable developing and arguing novel points of law (whether under domestic, EU and/or public international law) as she is dealing with complex technical and evidential matters (such as procurement disputes, infrastructure projects, rail reform) and in cases involving novel technologies (eg an environmental law challenge to the open release of genetically modified mosquitoes before the Grand Court of the Cayman Islands - Ebanks).

She is frequently asked to advise on the compatibility of draft primary legislation/ draft proposals for primary legislation with the ECHR and international law (eg in respect of housing, mental health, data protection, procurement, rail reform, windfall taxation). Recent examples include advising on ECHR and international law compliance with novel aspects of the Procurement Bill (now Act 2023) and draft proposals for a ‘BDS Ban’ Bill (2022).

Prior to taking silk, Deok Joo was a member of the Attorney General's Panel of Government Counsel (A, B and C) over a period of 15 consecutive years. In that capacity and since taking silk she has acted for most UK Government Departments. At the same time, she has acted for and/or advised Claimants, NGOs (eg Liberty, Save the Children), private entities (both in the UK and elsewhere) and Her Majesty’s Loyal Opposition – on a range of human rights, EU and other matters.

Significant public law cases including key ‘policy’ or ‘systemic’ challenges in recent years include:

• R (on the application of AAA & Ors) v Commissioner for the British Indian Overseas Territories and Foreign, Commonwealth and Development Office, Supreme Court of the British Indian Overseas Territories (2023): challenge to the refusal of international protection in respect of Sri Lankan migrants on Diego Garcia; non-application of the ECHR and Refugee Convention to BIOT; application of customary international law and BIOT domestic law principles. Deok Joo acted as lead counsel for the Commissioner of BIOT.
• R (on the application of ECPAT UK (Every Child Protected against Trafficking) v Kent CC [2023] EWHC 1952 (Admin), [2023] EWHC 2199 (Admin): challenge to Kent CC’s failure to look after all newly arriving UAS children, and to the Secretary of State’s extra-statutory accommodation of the children in hotels (pending transfer under the National Transfer Scheme). Deok Joo was lead counsel for the Secretary of State for the Home Department and the Secretary of State for Education.
• R (on the application of BF (Eritrea) v Secretary of State for the Home Department [2021] UKSC 38: lawfulness of the Secretary of State’s age assessment policy guidance (per Gillick).
• R (on the application of FB (Afghanistan) v Secretary of State for the Home Department [2020] EWCA Civ 1338 [2020] QB 185; R (on the application of Medical Justice) v Secretary of State for the Home Department [2019] EWHC 2391 (Admin): challenge to the Secretary of State’s ‘Removal Window Policy’; access to justice. Deok Joo acted as lead counsel for the Secretary of State in Medical Justice.
• Miller v Prime Minister ('Miller 2'): challenge to the Prime Minister’s decision to advise the Queen to prorogue Parliament. Deok Joo acted as lead counsel for the (then) Shadow Attorney General.

Lead cases in respect of unaccompanied asylum-seeking children (‘UAS children’) (age assessment policies, accommodation and the National Transfer Scheme):

• R (on the application of Kent CC) v Secretary of State for the Home Department [2023] EWHC (Admin): challenge to the Secretary of State’s operation of the National Transfer Scheme in respect of UAS children.
• R (on the application of ECPAT UK (Every Child Protected against Trafficking) v Kent CC [2023] EWHC 1952 (Admin), [2023] EWHC 2199 (Admin): see above.
• R (on the application of Medway Council) v Secretary of State for the Home Department Div Ct [2023] EWHC 377 (Admin): challenge to the Secretary of State’s decision to mandate Medway Council (along with other councils) to participate in the National Transfer Scheme.
• R (on the application of MA) v Secretary of State for the Home Department [2022] EWCA Civ 1663, [2022] EWHC 98 (Admin): challenge to the Secretary of State’s guidance on ‘short-form’ age assessments.
• A v Croydon LBC & Or; M v Lambeth LBC & Or [2009] UKSC 8, [2009] 1 WLR 2557, [2010] 1 All ER 469, [2010] HRLR 9, [2010] UKHRR 63, [2010] BLGR 183, (2009) 12 CCL Rep; [2008] EWCA Civ 1445, [2009] BLGR 24; [2008] EWHC 1364 (Admin): Article 6 ECHR, lead 'age assessment' cases.

Deok Joo’s cases frequently arise at the intersection of domestic and ECHR law (see above and Asylum and Immigration below):

• R (on the application of AAA & Ors) v Commissioner for the British Indian Overseas Territories and Foreign, Commonwealth and Development Office (Supreme Court of the BIOT): see above.
• R (on the application of FB (Afghanistan) v Secretary of State for the Home Department [2020] EWCA Civ 1338 [2020] QB 185; R (on the application of Medical Justice) v Secretary of State for the Home Department [2019] EWHC 2391 (Admin): see above.
• Ebanks v Department for the Environment [2016] CIGC J0801-1, Grand Court of the Cayman Islands: challenge to the open release of genetically modified mosquitoes under the Cayman Islands Bill of Rights; duties of consultation. First environmental law judicial review. Deok Joo acted for the Claimant.
• United Kingdom Association of Fish Producer Organisations v Secretary of State for Environment, Fisheries and Agriculture [2013] EWHC 1959 (Admin): challenge to the allocation of EU fishing quotas and A1P1 ECHR, discrimination as between English and Scottish fish producer organisations and legitimate expectations under EU and ECHR law.
• LV v Secretary of State for Justice and the Parole Board for England and Wales [2014] EWHC 1495 (Admin): delay in conditionally discharging prisoner detained under the Mental Health Act 1983 – whether breach of Article 5 ECHR.
• Gallastegui v Westminster CC & Ors [2013] EWCA Civ 28, [2013] 1 WLR 2377, [2013] 2 All ER 579: Parliament Square protest.
• Justice for Kids v Secretary of State for the Home Department (2015, Admin): revisions to PACE Code C in relation to the detention of young persons and compatibility with Article 8 ECHR (2013, (following HC v Secretary of State for the Home Department)
• Boosttower v Secretary of State for Business, Innovation and Skills (2012, Admin): procedural challenge alleging failure to consult in relation to establishment of 'Enterprise Zones' in the North-East of England.
• Global Management Services Europe Ltd v Secretary of State for Business, Innovation and Skills (2012, Admin): Article 6 challenge to Secretary of State's investigatory powers under the Companies Act 1948.
• RM v Secretary of State for Work and Pensions [2010] UKUT 220: social fund, funeral payments, religious discrimination.
• Pro bono advice in support of Liberty’s successful campaigns (challenging Westminster City Council's proposal to ban 'soup kitchens' and Oxford City Council’s proposal to criminalise busking and begging).
• See also under Immigration and Asylum Law (below).

Public sector equality duty:

• R (on the application of ZK) v Redbridge LBC [2020] EWCA Civ 1597, [2019] EWHC (Admin): challenge to the local authority’s system of providing specialist teaching support to a visually impaired child in mainstream education; disability discrimination, public sector equality duty challenge.
• Hotak, Kanu, Johnson v Southwark LB & Ors [2015] UKSC 30, [2015] 2 WLR 1341: Deok Joo was lead counsel for the Secretary of State for Communities and Local Government, on homelessness duties in Part 7 of the Housing Act 1996 and the public sector equality duty.
• Bailey v Brent LBC [2011] EWCA Civ 1586, [2012] EqLR 168, [2012] BLGR 530, [2012] BLGR 530: 'Brent Libraries' case on the closure of libraries in Brent and the public sector equality duty.

Funding disputes – whether as between central and local government (eg under social care legislation – whether for adults under the National Assistance Act 1948, Mental Health Act 1983, or for asylum-seeking children in need under the Children Act 1989), claw-back decisions, as between private bodies and regulatory bodies:

• R (on the application of Barking and Dagenham LBC) v Secretary of State for Health [2017] EWHC 2449 (Admin): responsibility for care services. ‘Ordinary residence’ for the purposes of s.21 National Assistance Act 1948.
• Cornwall CC v Secretary of State for Health & Ors [2015] UKSC 46, [2015] 3 WLR 213: on the determination of 'ordinary residence' where the service user lacks capacity in social care legislation.
• Mansfield DC v Secretary of State for Communities and Local Government [2014] EWHC 2167 (Admin): lead case on challenge to clawback of ERDF grant for alleged breaches of EU procurement requirements.
• Refugee Action v Secretary of State for the Home Department [2014] EWHC 1033 (Admin): challenge to asylum support rates.
• VC & Ors v Newcastle City Council & Or [2011] EWHC 2673 (Admin) (Div Ct), [2012] 2 All ER 227, (2012) 15 CCL 194: lead case on primacy of section 17 Children Act 1989 duties over 'section 4' (Immigration Act 1999) asylum support.
• Veolia Waters v London Fire and Emergency Planning Authority [2009] EWHC 3109 (QB): incidence and content of statutory duty to maintain fire hydrants 'in good working order'.

Other cases:

• Wilson v Cayman National Bank, Cayman National Corporation (Financial Services Division, Cayman Islands, 2021): economic tort claims arising from termination of employment contract of the Bank’s president. Deok Joo represented CNC and its parent company.
• R (on the application of Durand Academy Trusts) v Ofsted [2017] EWHC 2097: fairness of Ofsted’s complaints’ procedure.
• Glory Early Years Ltd v Ofsted [2016] UKFTT 139 (HEC)
• R (on the application of W) v Secretary of State for the Home Department [2016] EWCA Civ 8: proper approach to the certification of totally without merit applications.
• R (on the application of Hammersmith and Fulham LBC) v Judicial Conducts Investigations Office [2016] WEHC 2849
• ZP (South Africa) v Secretary of State for the Home Department [2015] EWCA Civ 1273
• JN v Thameside HMP and Secretary of State for Justice (Admin, 2015): duties in relation to privatised prisons.
• Refugee Action v Secretary of State for the Home Department [2014] EWHC 1033 (Admin): challenge to asylum support rates.
• R (Equitable Members Action Group) v HM Treasury [2009] EWHC 2495 (Admin) DC, (2009) 159 NLJ

Deok Joo is a leading silk in the field of EU law. She has expertise dealing with a broad spectrum of issues arising at the intersection of domestic, EU and international law. She has acted in numerous cases – before the domestic courts and before the CJEU involving free movement and citizenship rights (including in respect of A8 nationals and their family members), the compatibility of domestic law with EU law across the fields of environmental protection, transport regulation, pensions protection, insolvency, the interpretation of EU-Association Agreements (including the EU-Turkey Association Agreement), EU immigration and asylum law and the European Charter of Fundamental Rights. Her expertise extends to EU external relations law.  Her extensive advisory work has spanned all these areas – for central government departments, local government, Her Majesty’s Loyal Opposition, as well as individuals, NGOs and private entities.

Following Brexit, she has advised bodies (including the Independent Monitoring Authority on the Rights of EU Citizens, the EBRD, trust companies, overseas export associations) on eg issues arising under the Withdrawal Agreement (EU citizens’ rights in the UK), EU anti-money laundering and capital requirements directives, UK and EU sanctions and EU and UK export/import regulations.

She is a former référendaire (and Chef de Cabinet) at the CJEU and judicial assistant to the Law Lords (House of Lords – Lord Slynn) and prior to coming to the Bar was a lecturer in European law at Lady Margaret Hall (Oxford University). She has served on the Bar Council European Committee.

Her instructions in this area include:

EU constitutional and international law

• Complex legal basis challenge to Trans-European Transport measure; distinction between single market transport and trans-European network legal bases (Case C-121/14 United Kingdom v Parliament, Council (CJEU) (ECLI:EU:C:2015:749).
• Compatibility of EU asset freezing order with EU free movement law (Rahim v HM Treasury, Admin Ct, 2010).
• Competence to require the imposition of criminal sanctions for environmental breaches (Case C-440/05 Commission v Council (CJEU) [2007] ECR I-9097, [2008] 1 CMLR 22, [2008] All ER (EC) 489, [2008] Env LR 12 – 'Ship source pollution' case).

EU asylum law, including EU Charter of Fundamental Rights

• Issues arising under the Dublin II Regulation including the determination of Member State obligations (in particular in relation to asylum reception conditions in Greece and Italy); the interface between rights under the EU Charter of Fundamental Rights and ECHR (NS v Secretary of State for the Home Department [2010] EWCA Civ 990, [2010] EqLR 18, referred to CJEU).
• Leading domestic case on the interpretation of 'internal armed conflict' for the purposes of subsidiary protection under the EU Qualification Directive (QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 807, [2011] 1 WLR 689, [2012] 2 All ER 971, [2010] Imm. AR 132).
• Interpretation of EU Asylum Directives – including the Dublin II Regulation (NS), the EU Procedures Directive (S v First-Tier Tribunal [2012] EWHC 1815 (Admin)) and the EU Reception Directive (Refugee Action v Secretary of State for the Home Department [2014] EWHC 1033 (Admin)).

EU external competence

• Lead cases on the rights of Turkish Business-Persons under the ‘standstill’ provisions of the EU-Turkey Association Agreements: Secretary of State for the Home Department v CA (Turkey) [2018] EWCA Civ 2875, [2017] EWHC 297 (Admin); Kotuk v Entry Clearance Officer, Warsaw [2018] EWCA Civ 2850. R (on the application of Karagul) v Secretary of State for the Home Department [2019] EWHC 3208 – applicability of EU and domestic law principles of fairness/ effective protection of rights under the EC-Turkey Association Agreement.
• European Patent Convention and the domestic law reviewability of decisions by the European Patent Office to grant a European Patent – by reference to the Patent Act 1977 and the Arbitration Act 1997 (Virgin Atlantic Airways Ltd v Jet Airways Ltd & Ors [2012] EWHC 2153 (Pat), [2013] RPC 10).

EU regulatory law:

All areas including agriculture, fisheries, pharmaceuticals, transport (including rail) and regional development funding grants, consumer protection, pension schemes including:

• Protection of consumers in respect of contracts negotiated away from home: Kupeli v Cyprus Turkish Airlines [2017] EWCA Civ 1037. Deok Joo successfully defended the appeal on behalf of the 669 Turkish claimants.
• Litigation and extensive advisory experience in relation to the clawback of European Regional Development Fund (ERDF) grants for infrastructure projects for alleged breaches of EU procurement requirements (Mansfield DC v Secretary of State for Communities and Local Government [2014] EWHC 2167 (Admin) – lead case in this area. Deok Joo acted for the Secretary of State.
• Challenge to the allocation of EU fishing quotas and A1P1 ECHR, discrimination as between English and Scottish fish producer organisations and legitimate expectations under EU and ECHR law (United Kingdom Association of Fish Producer Organisations v Secretary of State for Environment, Fisheries and Agriculture [2013] EWHC 1959 (Admin)).
• Pharmaceutical and Medicines Regulation including – licensing of generics and compatibility with EU law (Association of the British Pharmaceutical Industry v Medicines Health and Regulatory Agency), registration of herbal medicinal products (Alliance for Natural Health), medical devices disclosure obligations under the EU In-Vitro Medical Devices Directive (JBol Ltd v Medicines and Healthcare Products Regulatory Agency (Upper Tribunal, 2014).
• Advisory work in respect of the rights and obligations of public sector guarantors of occupational pension schemes (including the Coal Miners’ Pension Scheme) under the Institutions for Occupational Retirement Provision Directive.
• Environmental (Member State obligations under the Energy Efficiency Directive).
• Intellectual property and the protection of rights under the Artists' Resale Rights Directive.
• Advisory work on proposals for GB-wide rail reform – compatibility with EU’s 4^th Railway Package, and devolution issues; and in respect of proposed extension of broadband provision and compliance with EU state aid law.
• EU Procurement and state aid law (see Procurement Law below).

EU free movement

All aspects of EU free movement rights including – challenge to UK rules on pension protection for overseas pension schemes in the event of insolvency (Wilson v McNamara [2023] EWCA Civ 20, [2022] EWHC 243 Ch, Case 168/20 ECLI:EU:C:2021:907; Re McNamara [2020] EWHC 98), youth football transfer fees and free movement (Case C-325/08 Olympique Lyonnais (CJEU) [2010] ECR I-2177, [2010] 3 CMLR 14, [2010] All ER (EC) 615); free movement of professionals including lawyers and the qualified lawyers transfer test and medical professionals.

Free movement and EU citizenship rights to social security and rights of residence (in both the social security and immigration/deportation contexts), including: 

• Advising on European Commission infraction proceedings in relation to the Worker Registration Scheme (applicable to 'A8' nationals):
• LO (Portugal) [2014] EWCA Civ 199: deportation of EU national, Citizenship Directive, Article 8 ECHR.
• Aleksandrovicuite & Or v Secretary of State for Work and Pensions and Secretary of State for the Home Department (CA 2011, on appeal from CIS/3004/2008 & CJSA/3003/2008): challenge to the Worker Registration Scheme for A8 nationals.
• Dias v Secretary of State for Work and Pensions [2009] EWCA Civ 807, [2010] 1 CMLR 4: social security, free movement, residence permits (referred to CJEU).
• Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310, [2009] 2 CMLR 3, [2009] EuLR 402: EU rights of residence, Citizenship Directive and Article 12 EC.
• Teixeira v Lambeth LBC [2008] EWCA Civ 1088, [2009] EuLR 253, [2009] HLR 9: EU rights of residence of third country national, child in education (referred to CJEU).
• Czop & Ors v Secretary of State for Work and Pensions CIS/1465/2009 & CIS/2357/2009: EU rights of residence of primary carers of children in education (referred to CJEU).

EU employment law

• Paid annual leave and the Aviation Directive (Case C-155/10 Williams v British Airways (CJEU) [2011] ECR I-8409, [2012] 1 CMLR 23, [2012] ICR 847, [2011] IRLR 948).
• Interpretation of 'dynamic' contract terms in collective agreements and TUPE (Case C-426/11 Alemo-Herron (CJEU) [2014] 1 CMLR 21, [2013] ICR 1116).
• Protection of employees in the event of insolvency of employers and the determination of the responsible Member State (Cases C-477/09 Défossez (CJEU) [2011] ECR I-1421, [2011] 2 CMLR 44 and C-310/07 Sweden v Holmqvist (CJEU) [2008] ECR I-7891, [2009] ICR 675, [2008] IRLR 970).
• Challenge to National Minimum Wage Regulations (Cordant v Secretary of State for Business, Innovation and Skills).

Deok Joo has long-standing expertise in the field of procurement law and state aid law. Her expertise in this area involves novel and cross-cutting issues for which she relies on her combined EU law and public law expertise. She regularly acts and advises in relation to both substantive and procedural issues which arise at all stages of procurement litigation, and on related regulatory and legislative matters for both public sector and private clients. She is frequently invited to speak on aspects of procurement law, including at the White Paper Conference (2017), to the Procurement Lawyers’ Association (2025), to in-house teams and seminars.  Deok Joo retains an interest in developments at EU and international levels.

Her work has included:

• Advising on novel and key aspects of the Procurement Bill (now Procurement Act 2023), including in respect of ECHR compatibility and compliance with international law (including the WTO’s General Procurement Agreement).
• Advising on proposed measures to be included in a ‘BDS Ban’ Bill – for ECHR and international law compliance (WTO’s General Procurement Agreement).
• Advising on the procurement (and public) law implications of the Government's legal aid reforms, lawfulness of clawback decisions by the Secretary of State for Communities and Local Government as the managing authority for European Regional Development Fund (ERDF) grants (including Mansfield DC v Secretary of State for Communities and Local Government [2014] EWHC 2167 (Admin): lead case on challenge to clawback of ERDF grants for alleged breaches of EU procurement requirements, and conduct of related cases and advisory work for grant recipients subject to clawback decisions.
• Novel issues of law including novation and contract variation (in the context of GP services), black-listing of providers (lawfulness of exclusion), in-house supply and local authority companies, and overlap between procurement and state aid matters.
• Exclusive rights, ICT, waste disposal, defence procurement.
• Procurement (and state aid) issues in respect of major infrastructure projects (including Felixstowe South Seafront, Beford Western Bypass, Silvertown Quays, the ‘Nirah’ Project, Icelink – proposed electricity interconnector between Iceland and the UK).

Matters include:

• Nottingham Community Housing Association Ltd v Northampton City Council (2025): pre-action challenge to the Council’s termination of supported accommodation-based services.
• InHealth Intelligence Ltd v NHS England [2023] EWHC 352 (TCC); [2022] EWHC 2896 (TCC); [2022] EWHC 2481 (TCC): challenge to the exclusion of a bid in an electronic bid procedure.
• Passenger Transport Services (Medical Services Ltd v North West London Hospital Trust (TCC)).
• Social Care Contracts (London Care Ltd v Hillingdon LBC).
• Confidentiality of bids (Avon and Wiltshire Mental Health Partnership NHS Trust v North Somerset Council).
• Parking enforcement contracts (Apcoa v Westminster City Council [2010] EWHC 942 (QB)).
• Cross-authority 'in-house' supply (Risk Management Partners Ltd v Brent LBC [2009] EWCA Civ 490, [2010] BLGR 99; [2008] EWHC 1094 (Admin), [2008] EuLR 660, [2008] BLGR 429).
• Rapiscan Systems v Revenue and Customs Commissioners [2006] EWHC 2067

Recent work includes:

• R (on the application of AAA & Ors) v Commissioner for the British Indian Overseas Territories and Foreign, Commonwealth and Development Office, Supreme Court of the British Indian Overseas Territories (2023): challenge to refusal of international protection in respect of Sri Lankan migrants; application of customary international law and BIOT domestic law principles.
• R (on the application of BF (Eritrea) v Secretary of State for the Home Department [2021] UKSC 38: lawfulness of Secretary of State’s age assessment policy guidance (per Gillick).
• R (on the application of FB (Afghanistan) v Secretary of State for the Home Department [2020] EWCA Civ 1338 [2020] QB 185; R (on the application of Medical Justice) v Secretary of State for the Home Department [2019] EWHC 2391 (Admin): challenge to Secretary of State’s ‘Removal Window Policy’, access to justice.
• Lead cases on the rights of Turkish Business Persons under the ‘standstill’ provisions of the EU-Turkey Association Agreements: Secretary of State for the Home Department v CA (Turkey) [2018] EWCA Civ 2875, [2017] EWHC 297 (Admin); Kotuk v Entry Clearance Officer, Warsaw [2018] EWCA Civ 2850.
• R (on the application of Karagul) v Secretary of State for the Home Department [2019] EWHC 3208: applicability of EU and domestic law principles of fairness/ effective protection of rights under the EC-Turkey Association Agreement.

Lead/country guidance cases in relation to safety of return to Somalia and Iraq, including:

• MSM (Somalia) v Secretary of State for the Home Department & UNHCR [2016] EWCA Civ 715 (imputed political opinion and reasonableness of modification under the EU Qualification Directive).
• MA (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426, [2010] Imm AR 563: asylum seekers, safety of route of return.
• QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 807, [2011] 1 WLR 689, [2012] 2 All ER 971, [2010] Imm: AR 132 (subsidiary protection, 'internal armed conflict' and Article 15(c) of the EU Qualification Directive).
• HH (Mogadishu: armed conflict: risk) Somalia CG [2008] UKAIT 00091 and AA and AM (armed conflict: risk categories) Somalia CG [2008] UKAIT 00091, [2010] EWCA Civ 426, [2010] UKSC 49.
• Lead cases under Dublin II Regulation on safety of return to EU Member State: NS v Secretary of State for the Home Department [2010] EWCA Civ 990, [2010] EqLR 183.
• Lead case on UK obligation to cooperate with UNHCR in relation to the resettlement of Syrian and Iranian refugees: ST (Iraq); C1 & Ors v Secretary of State for the Home Department [2014] EWCA Civ 188 (2 joined appeals from [2013] EWHC 855 (Admin) and [2013] EWHC 2415 (Admin)).

Lead cases on the interpretation of statutory appeal rights including:

• RA, BF v Secretary of State for the Home Department & Office of the Children's Cmr (UT, Court of Appeal, judgments 13 and 22 April 2015): lead counsel – best interests of the child, and whether obligation to treat dependent child as having made own claim for international protection; statutory appeal rights and duties under the UN Convention on the Rights of the Child.
• Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363, [2013] 1 WLR 922, [2013] Imm AR 210: statutory appeal rights, deportation, family proceedings, Article 8 ECHR.
• S v First-tier Tribunal & Or [2012] EWHC 1815 (Admin): EU procedural requirements – including the principle of effective protection of EU law rights and Article 6 ECHR in the application of the EU Procedures Directive.
• Sapkota v Secretary of State for the Home Department [2011] EWCA Civ 1320, [2012] Imm AR 254: whether delay (in removal) going to interpretation of statutory appeal rights.
• BA (Nigeria) & Or v Secretary of State for the Home Department [2009] UKSC 7, [2010] 1 AC 444, [2009] 3 WLR 1253, [2010] 2 All ER 95, [2010] Imm AR 363: statutory appeal rights and asylum/human rights claims.