Tasaddat Hussain

LL.B (Hons), PgDip
Year of Call: 1998
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Head of Immigration Law
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Lincoln’s Inn
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Practice

JUDICIAL REVIEW
Tasaddat is a public law practitioner, with an emphasis on human rights, immigration and prison law.

ASYLUM LAW & HUMAN RIGHTS
Tasaddat presents asylum, human rights and deportation appeals at all levels before the IAC. He has undertaken a number of country guidance cases. He accepts instructions to draft grounds seeking permission to appeal in complex matters on behalf of solicitors who require his particular expertise.

He is renowned for his work relating to Article 8 ECHR and is often retained by clients seeking a practitioner with a deep understanding of this rapidly evolving sphere of Human Rights law.

He regularly appears before the Court of Appeal on both asylum and human rights matters and has successfully conducted cases both as a junior and in his own right.

IMMIGRATION LAW
Tasaddat undertakes commercial immigration work, representing and advising corporate clients in all aspects of commercial immigration and the points based system.

SOLICITOR DISCIPLINARY APPEALS
Tasaddat conducts appeals before the SRA Adjudicator Panel and the Master of the Rolls against alleged transgressions under the Code of Conduct and applications for re-instatement to the Roll as a solicitor. Tasaddat has successfully undertaken appeals before the Master of the Rolls on behalf of individuals seeking reinstatement after being “struck off”.

FAMILY LAW
Tasaddat is regularly retained to advise on family matters with an immigration aspect. For example issues involving domicile, the relevance of on-going contact proceedings in deportation appeals and the rights of other family members, typically children and/or an estranged parent and the impact upon their rights from immigration decisions.

PRO-BONO
Tasaddat is prepared to consider conducting pro-bono work in all of the above areas on a case by case basis. He regularly conducts applications for none profit organizations such as Bail for Immigration Detainees (BID) and other charitable organizations.

SEMINARS
Tasaddat regularly delivers accredited seminars on a host of topics either in Chambers or at the offices of professional clients. Recent seminars have included Deportation, Article 8 ECHR, the use of Country Expert/Medical Evidence and Fresh Asylum and Human Rights Claims.

RECENT SEMINAR FEEDBACK:
“I thought the training by Tasaddat was good and pitched at the right level. Whilst we tend to send reasonably good fresh claim letters/submissions to the Home Office there were a few points in the presentation that assisted in thinking long term and outside the box that we could utilize and tighten up our presentation. All in all time well spent.”
SE, Case Worker Doncaster.

“Training was really good and covered all aspects of a fresh claim, i.e. what we should be looking for when initially assessing whether to take on a fresh claim, to the prospects of submitting a JR in the event of a refusal.
Found it really useful to go through the case law of WM and particularly AK,.... Presentation was good and the training guide will be particularly useful in future fresh claims.”
CS. Solicitor, Yorkshire.

“I believe that the training we had was very good and Tasaddat explained it in clear unambiguous English. The material we had was excellent and it really helps when somebody goes through case law and points out the important passages.”
AH Trainee Solicitor Rotherham.

Background & Experience

Tasaddat was called to the Bar in 1998 and began his practice in criminal and general common law. However, he soon found himself drawn to judicial review, human rights and immigration, which fitted more readily with his ideals and values.

With the benefit of 12 years extensive experience in these fields, Tasaddat has become renowned for his expertise. An established, busy and well respected practitioner who is highly sought after with an excellent success rate.

Other Information

Member of:
Public & Administrative Law Bar Association
Northern Administrative Law Association
JCWI
Amnesty International
ILPA

Pending Cases of Note for 2012

HM & others (Iraq) CG
Risk on return generally, Article 15(c), remitted from the Court of Appeal ([2011] EWCA Civ 1536)

NN (Zimbabwe) Court of Appeal
Teachers in Zimbabwe risk category.

SH (Pakistan) CG
Women, Particular Position Social Group, Article 8 ECHR, Rights of the Child.

DK (Zimbabwe) CG
HIV, Article 3, meaning of "significantly reduced life expectancy" & Article 8 ECHR.

SM (Iran) CG
Woman, Particular Social Group.

Notable Cases

MK (Documents - Relocation) Iraq CG ([2012] UKUT 00126 (IAC))
Women and Children, Internal flight, risk on return

PR (Sri Lanka), SS (Bangladesh), TC (Zimbabwe)[2011]EWCA Civ 988
Test cases on the application of the "second-tier appeals test" (under section 13(6) of the Tribunals Courts and Enforcement Act 2007) to immigration and asylum cases. "Realistic prospects of success" is not enough. Permission to appeal may only be given if there is an important point of principle or practice or "other compelling reason" for the Court of Appeal to hear the case: this must be "legally compelling". read more

PRH v. LSC[2011] EWHC 1323 (QB)
Judicial Review against LSC immigration contract - awaiting hearing in Court of Appeal. read more

T,R (on the application of) v Secretary of State for the Home Department [2011] EWHC 557 (Admin)
Fresh Claim - para 353 HC 395. read more

SM (Iran) [2010] EWCA Civ 371
Appeal Allowed by Court of Appeal because the AIT (as it was then) erred in law by: "reject[ing] the PTSD diagnosis out of hand and for these shaky negative reasons [failed] ..... to accord the ....anxious scrutiny which the case required." Appeal Allowed, Remitted with Costs read more

The Queen on the Application of Jia Fu Zhang v. The Secretary of State for the Home Department [2008] EWHC 3050 (Admin)
Secretary of State acted unlawfully in refusing to treat the Claimant's representations as amounting to a fresh claim under paragraph 353 of the Immigration Rules. Secretary of State was order to reconsider her decision in accordance with the law. read more

JT (Cameroon) [2008] EWCA Civ 878
Whether it was lawful for the Tribunal to place determinative weight upon particular conduct identified under s8 of the Asylum and Immigration (Treatment of Claimants) Act 2004 as damaging the credibility of a Claimant to such an extent that it outweighed (a) accepted supporting medical evidence confirming scarring inflicted from torture in a manner and at a time consistent with the core of the claim, (b) supporting objective evidence of the treatment meted out to the claimant and (c) corroborating oral evidence from witnesses.

The Court of Appeal interpreted s8 the Asylum & Immigration (Treatment of Claimants etc) Act 2004 to ensure compatibility with the overriding duty to apply close and anxious scrutiny to an asylum and human rights claim. Despite there being no apparent ambiguity in the clear wording of the provision, the court went on to insert an additional word so that the provision would not offend the doctrine of separation of powers and implicitly, the right to a fair hearing.

“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.” Appeal allowed and remitted to AIT. Upon remittal, Home Office conceded appeal and granted refugee status. read more

Ali v. Law Society (No. 21 of 2007) {2008] EWCA Civ 769
Guideline case before the Master of the Rolls on the principles governing the conduct of the SRA’s Adjudicator Panel when investigating allegations of dishonesty against its members. Appeal allowed and Petitioner reinstated. read more

RZ (Eurodac – fingerprint match - admissible) Eritrea [2008] UKAIT 00007
Guidelines for the admissibility of finger print evidence stored on the EU finger print data base. The principles governing the use of such evidence, the burden and standard of proof to be applied when evidence was produced by the system of past claims in order to expose deception in the current asylum application. read more

SH (Bangladesh) v. SSHD [2007] EWCA Civ 1196
Women in Bangladesh form a particular social group under the Refugee Convention. read more

KJ (Entry Clearance Proportionality) Iraq CG [2005] UKIAT 00066
Removal from United Kingdom to Iraq in order to apply for entry clearance in Jordan held to be an unlawful interference with right to family life, under Article 8 ECHR. read more

Acted in a large and complex matter representing a voluntary sector organisation in a multiple claimant judicial review against a local authority. Successfully settled with costs.

HD (Prison Conditions Iran - Record of Proceedings ECHR Article 3) Iran [2004] UKIAT 0020
Political prisoners and prison conditions; breach of Article 3 ECHR. read more

Junior Counsel in an immigration family law judicial review led by Ian MacDonald QC.
Successfully settled with costs.

Re B [1999] 2 AC 136 House of Lords
Duties of a court in determining whether to make an adoption order, and thereby grant British Citizenship, which would have the effect of circumventing the provisions of the Immigration Act 1971. read more

Broadway House Chambers