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SOLICITORS AND NOTARIES

Since 1985 in London

A GUIDE TO THE PRACTICE OF ONE OF THE UK’S LEADING IMMIGRATION AND NATIONALITY PRACTICES SINCE 1985

"One of the UK’s leading specialist immigration and nationality practices,

acting for businesses and for individuals" — Legal500

www.gulbenkian.co.uk

Introduction – pages 2 to 4

Meet Members of Our Legal Team – pages 5 to 7

Recent Notable Cases – pages 8 to 10

Legal 500 Top Tier Status – page 11

What Other Organisations Have Said – pages 12 to 13

Advice At Governmental Level: Having Our Say! – page 14

Our Success in Numbers for 2016, 2017 & 2018 – pages 15 to 20

Media Appearances – page 21

What Judges Have Said about our Work in 2016, 2017 & 2018 – pages 22 to 24

What the Home Office & GLD Have Said – page 25

What Barristers Have Said – page 26

What Clients Say – page 27

Notable Cases Without Litigation – page 28

Business Immigration – page 29

We Speak Your Language, Our Services and How to Get in Touch – pages 30 to 32

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INTRODUCTION

Gulbenkian Andonian Solicitors has been at the forefront of human rights, immigration,

asylum, and public law litigation since its foundation in 1985 by Paul Gulbenkian and

Bernard Andonian. The firm has always prided itself on the excellence of its lawyers,

advisors, caseworkers and practitioners who have an excellent track record in their respective

fields. The firm is led by Dave Vasoodaven and Sajo Thomas both with notable experience and a

positive attitude which is endearing to clients and businesses alike.

Dr Bernard Andonian is also an active member of the team and brings 40 years of unrivalled

insight and experience in the field of immigration, asylum and human rights law. He is one of

the country’s most experienced practitioners in this field. Dr Andonian also sits as a part-time

judge of the First-tier Tribunal.

Mr. Fadi Farhat heads up the appeals and public law department where he carries out his

own in-house advocacy (statutory appeals) in the First-tier Tribunal (IAC) and Upper Tribunal

(IAC) with a remarkable success rate that has been instrumental in the firm’s recent

promotion to Top Tier Status by the Legal 500 (the independent guide to the legal profession).

Mr. Farhat made his first court appearance at the age of 19 in the Croydon County Court and

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has since conducted his own advocacy in nearly 500 hearings in the County Court, First-tier

Tribunal (IAC), Upper Tribunal (IAC), the Employment Tribunal as well as regulatory,

disciplinary and quasi-judicial hearings.

Mr. Hayk Sayadyan and Mr. Henry Lau are also prominent and experienced lawyers taking

on a variety of instructions across the spectrum of immigration, asylum and human rights law.

Mr. Sayadyan has expert knowledge of European Law and has been interviewed by several

media outlets on the potential consequences of Brexit and its impact on European nationals

working and living in Britain. He is thorough and prides himself on his research and

preparation skills to secure positive outcomes for his clients.

Mr. Jahed Morad and Mr. Henry Lau both have considerable experience in the field of

immigration, asylum and human rights law. With either lawyer, clients can expect practical,

realistic, tailored and engaging advice together with meticulous preparation and due care.

Both lawyers are approachable. personable and aim to provide maximum client satisfaction.

Ms. Parul Nessa is a rising star in the field of UK law. She has 5 years of post qualification

experience and specialised in a wide range of immigration, asylum and public law matters.

Mr. Khanh Ho is also a longstanding Legal Officer at Gulbenkian Andonian Solicitors who is

fluent in both Vietnamese and Cantonese with a marketing and business background to assist

in a variety of matters across several areas of law. In particular, he is popular with the

Vietnamese community in the UK for his involvement in complex cases.

Ms. Zara Shamal is a committed trainee solicitor assisting all members of our legal team with

a passion for learning and provides much needed, dependable and reliable support to our

team and the firm’s clients. Her commitment and dedication have been noted by Senior

Counsel.

The firm’s lawyers are supported by dedicated and committed legal support staff.

Amongst them is Mr. Hojabr Afshar who works closely with the legal departments to ensure

the smooth completion of any work. Our Client Relations Manager, Ms. Caroline Gardner, is

noted for her willingness to help and engage with clients at various levels and does so with

professionalism and friendliness. All major clients have noted the pleasant way in which she

conducts herself as a channel of communication between clients and our respective lawyers.

Mr. Danny Merzougui is a member of our legal team who has over 20 years of administrative

and clerking experience having previously managed a team of clerks at a Barristers’ Chambers

and now provides much needed substantive assistance in preparing applications and bundles.

Mr. Armen Andonian is our Community Outreach Manager. He is in control of the firms

online exposure, the website and our social media accounts. He has many years of experience

in digital communications gained from his time as a political and communications advisor at

the European Parliament in Brussels.

Aside from private clients and individuals of all sorts, the firm acts for company and

commercial clients including UK football clubs playing in the Football League, leading care

homes, medium to large pharmacies, Harley Street clinics and large restaurant franchises.

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Its members have also represented and advised many individual clients against large

companies including Lloyds Bank, Wembley Stadium, Tiffany & CO, Sky, Autobar, Apollo Tyres,

ADT Security, Toyota, Peugeot, Ford, Boots, Transport for London, Allianz and the Open

University amongst many more.

Additionally, its members have advised and provided representation on sensitive matters

relating to national security as well as constitutional matters (providing a legal opinion on the

recent Brexit legal challenge), advising on matters relating to the London Mayor, advising on

potential irregularities at a recent by-election, the legality of the Fast Track detention process

and public international law matters on the scope of Article 51 of the UN Charter.

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MEET THE MEMBERS OF OUR LEGAL TEAM

For a full list and overview of our members, please visit our website: www.gulbenkian.co.uk

Dr. Bernard Andonian: A practitioner in the field of immigration,

asylum and human rights law of unrivalled experience across a period

of 40 years. He has advised and represented thousands of clients

down the years and made ground-breaking and law-changing

contributions to the jurisprudence of Asylum and European Law in

the cases of Shah & Islam in the UK House of Lords as well as the

leading case of Baumbast & Rolet. He is ranked by the Legal 500 as a

Leading Individual.

Mr. Dave Vasoodaven: The firm’s Managing Director whose

leadership and strategic direction has seen the firm expand and

develop a diverse clientele. He advises on commercial litigation and

contract law as well as the broad spectrum of immigration and

human rights law. Recommended by the Legal 500, he has an

engaging style which inspires confidence and always has a positive

attitude.

Mr. Sajo Thomas: A Director who is both a solicitor and a notary

public with a vibrant notarial practice. Sajo specialises in civil

litigation as well as residential and commercial conveyancing. His

residential and commercial conveyancing practice is great value for

money to many clients whereby he offers a specialist, tailored,

prompt and dedicated service at a very competitive price

anywhere.

Mr. Fadi Farhat: Working closely and directly with the Managing

Partner, Fadi carries out his own advocacy and is a safe pair of

hands having represented clients in court in nearly 500 hearings at

various levels as an advocate. He writes his own pleadings to the

First-tier Tribunal, Upper Tribunal, the Court of Appeal and even

the Supreme Court. His pleadings have received multiple praise

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from the judiciary for their learned nature as to the law and their helpful precision. He is

analytical and is Legal 500 recommended. Fadi graduated with a First-Class Law Degree and,

after completing his LPC, has also completed two Master of Laws degrees. He is currently

studying for a BA (Hons) in Foreign Languages with the Open University.

Mr. Hayk Sayadyan: A solicitor with an excellent track record both

in civil litigation, immigration, asylum and human rights law and

expert knowledge of European Law. Hayk is able to absorb large

volumes of information and advise his clients appropriately. He is

recommended by Legal 500. He has had great success recently in

several complex judicial review matters particularly in the field of

nationality and national security which have impressed the Upper

Tribunal and the High Court.

Mr. Khanh Ho: A Legal Officer and business development

professional with a notable role liaising with companies and

individuals in the Far East to create niche market for them and

help develop their businesses in the UK. Many businesses have

benefitted from Ken’s all-round input ranging from start up to

providing local expertise and adapting to trading strategies.

Jahed Morad: A dedicated lawyer who has a multi-disciplinary

practise specialising in immigration, employment and technology

law. Jahed graduated with an LLB Law Degree in 2010 and was

called to the Bar in 2011. He subsequently completed an LLM at the

University College London in 2012. He is prepared to go the extra

mile for his clients, is meticulous in his preparation and always

listens to and understands a client’s problem with a view to finding

a solution.

Henry Lau: He has worked for almost a decade in the voluntary

sector assisting vulnerable members of society before moving into

private practice. After completing his LPC, Henry worked for the

Immigration Advisory Service as a senior caseworker before

commencing his training contract at Brion & Co Solicitors, a

boutique immigration firm. With 8 years of experience in

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Immigration Law, there is no type of application that he has not made. He has a friendly

attitude which makes him easily accessible to clients. He is able to assist clients in Cantonese

and Mandarin.

Mr. Barry Carr: A Fellow of CILEX / Chartered Legal Executive

and a man of extensive international Litigation and arbitration

practice, spanning some 30 years in these fields in jurisdictions all

across the globe, providing key support to corporate and HNWI

(High Net Worth Individual) clients. His main area of focus lies in

the field of international commercial transactions and

international trade, providing expertise to commercial and

individual clients from far and wide.

Parul Nessa is the newest addition to our team. After completing

her LLB Law (Hons) degree at the University of Westminster in

2009, she went on to complete the Legal Practice Course at The

College of Law in 2011. In the same year she began working as a

case worker and also finished her training contract at Duncan

Lewis Solicitors, one of the largest legal aid firms in the UK. She has

represented many clients who have been detained at immigration

removal centres with complex human rights, asylum matters and

challenging unlawful Home Office decisions, actions and omissions by way of Judicial Review.

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RECENT NOTABLE CASES CONDUCTED BY

MEMBERS OF OUR TEAM

Each year, our offices handles a stream of cases to address questions at the cutting edge of the work in this legal field. Other than the first two cases, below is a small snapshot of the cases which we have done recently across the 2016, 2017 & 2018 calendar years. However, with the high volume of appeals, this is not an exhaustive list by any means.

Shah & Islam [1999] UKHL 20: landmark and ground-breaking case in the ambit of asylum law and the scope of what constitutes membership of a particular social group as a Convention reason

Baumbast and R v SSHD (Case C-413/99) [2002] ECR I-7091: landmark and ground-breaking case in the ambit of European Community law and derivative rights of residence

R (on the application of Ayache) v The Secretary of State for the Home Department (paragraph 353 and s94B relationship) [2017] UKUT 00122 (IAC): a major reported case clarifying the law on the interrelationship between paragraph 353 of the Immigration Rules on fresh claims and the power to certify human rights and asylum claims as ‘clearly unfounded’

Smith (paragraph 391(a) - revocation of deportation order) [2017] UKUT 00166 (IAC): a major reported case to clarify the legal framework and principles at play when an application to revoke a deportation order is made following completion of the 10-year period

PC (Colombia) v SSHD [2016], Court of Appeal: a case involving a broad assessment as to section 55 of the BCIA 2009 and the approach to take in relation to overstayer parents of British children

FS (Philippines) v SSHD [2016], Court of Appeal: a case involving the issue as to when Article 8’s family life scope can be engaged between individuals not sharing a biological relationship

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AD (Iran) v SSHD [2016], Court of Appeal: an intriguing case on the notion of ‘Exceptional Cases’ relating to a Tier 1 (Entrepreneur) who, following a grant of entry clearance in that capacity, could not fulfil the requirements of the Rules due to being remanded in custody for numerous months before being released without charge and, therefore, not being able to fulfil the requirements of the Rule through no fault of his own as a result of factors beyond the appellant’s control

UK v SSHD [2016], Court of Appeal: case on the retrospective application of the Genuine Entrepreneur Test in a Tier 1 (Entrepreneur) extension application Anonymous v SSHD [2016], High Court, QBD: a case to challenge the revocation of a sponsor licence in respect of a large restaurant chain involving the key question as to whether one’s job description in the CoS matched the tasks carried out and the approach to take in such cases as to the intensity of review on public law grounds

RV vs SSHD [2015], High Court, QBD: Judicial Review as to the interplay between absences abroad under the Van der Elst principle in deciding continuous lawful residence in the United Kingdom TKW vs SSHD [2016], High Court, QBD: Judicial Review on public law grounds in relation to the ‘Good Character’ test in nationality cases involving consideration of public law matters as to the fettering of discretion

Anonymous v SSHD [2016], Central London County Court: a key case raising an important point of statutory interpretation as to section 15 of the Immigration, Asylum and Nationality Act 2006 AS v SSHD [2016], Upper Tribunal: a case as to the scope of the Surinder Singh principle in European Community law and the concept of Direct Effect where the Immigration (EEA) Regulations 2006 are said to not be fully reflective of the law with a potential referral to the Court of Justice of the European Union.

RH v SSHD [2017], First-tier Tribunal: a case as to the scope of the Home Office’s revocation powers under the Immigration (EEA) Regulations 2006 as well as appeal rights/jurisdiction of the First-tier Tribunal following the Upper Tribunal’s decision in the case of Sala EM v SSHD [2016], Upper Tribunal: a case on the issue of certification under section 94B of the 2002 Act following the decision in Kiarie & Byndloss

NE v SSHD [2016], Upper Tribunal: a key case involving an examination of an Immigration Officer’s powers in cancelling entry clearance as a family visitor and the degree of scrutiny and reasoning required to reach a lawful decision

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AB v SSHD [2017], Upper Tribunal: a sensitive asylum case. This was the ‘error of law’ hearing where the Upper Tribunal was persuaded that the First-tier Tribunal’s determination embodied an error of law for not considering critical aspects of the appellant’s evidence which, in fact, is corroborated by objective country material in the public domain. FB v SSHD [2017], First-tier Tribunal: a case involving the scope of section 3(c) of the 1971 Act and the consequences of non-service of an immigration decision for the purposes of Long Residence pursuant to the Immigration (Notices) Regulations MDZH v SSHD [2017], First-tier Tribunal: a difficult but successful paragraph 322(5) statutory appeal in the context of a Long Residence matter NY v SSHD [2017], First-tier Tribunal: A successful appeal based on Article 8 private life despite the statutory consideration in the Immigration Act 2014 to give “little weight” to such a private life. Exceptional circumstances were pleaded and accepted JEO v SSHD [2017], First-tier Tribunal: a rare success in relation to an appeal citing Article 3 of the ECHR which involved complex medical evidence and where it was accepted that the mere act of boarding a plane or engaging in any form of long distance travel would amount to a threat to life IAGA v SSHD [2017], First-tier Tribunal: an Iraqi asylum matter involving the spouse of a kidnapped Iraqi man perceived to be a “collaborator” for assisting the British Army. A lengthy hearing and another rare success. BO v SSHD [2018], Upper Tribunal: a complicated EEA deportation appeal involving serious criminality. The appellant was represented successfully at the First-tier Tribunal. The SSHD appealed the decision to the Upper Tribunal and the Upper Tribunal was persuaded that, in fact, the First-tier Tribunal’s decision embodied no error of law and carefully considered the matter and made findings which were open for the judge to make. NN v SSHD [2018], Upper Tribunal: a statutory appeal involving the question of insurmountable obstacles where there are medical complications. ST v SSHD [2018], Upper Tribunal: an Upper Tribunal hearing (error of law) on the First-tier Tribunal’s approach to the burden of proof in EEA cases where there is an allegation of a marriage of convenience. At Gulbenkian Andonian Solicitors, the majority of our appeals are carried out in-house from beginning to end which includes advocacy at in both tiers of the Tribunal system as well as the drafting of all pleadings, documents and the preparation of the appeal in its entirety.

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LEGAL 500 TOP TIER STATUS

Gulbenkian Andonian Solicitors have been at the forefront of Immigration, Human Rights,

Asylum and Public Law since 1985 where it has assisted thousands of individuals and

businesses on tough questions of law.

GA has always prided itself for its appellate and litigation work in this area. Its founding

partners served as Tribunal Judges (in the tribunal’s various incarnations, now, of course, the

First-tier Tribunal).

Dr. Bernard Andonian continues to serve as a Judge of the First-tier Tribunal and provides

invaluable mentorship to the firm’s lawyers.

The Appeals and Public Law department is headed by Mr. Fadi Farhat and, in the last year, has

overseen, unprecedented levels of success through meticulous preparation and close client

interaction in the appeals process (assisted by Mr. Henry Lau, Mr. Jahed Morad and Ms. Zara

Shamal). The firm now carries out its own advocacy in-house which enables continual contact

with the client from the beginning of the process right to the end including the preparation of

grounds, statements, pleadings, skeleton arguments and other documents.

In recognition of this success, The Legal 500 (the independent reviewer of the legal

profession) has awarded the firm “Top Tier” status in the field of “Human Rights, Appeals and

Overstay”.

Gulbenkian Andonian Solicitors was ranked by the Legal 500 as a Top Tier firm in 2016 and

2017 placing the firm in a very elite group which only includes a handful of firms in the whole

country practising in this complex, dynamic and ever-changing area of law.

The firm aims to continue its excellent work in this area and consolidate its position as a

centre of excellence for representing clients in complex and difficult cases where others have

shied away from taking on a matter. With the field of Immigration and Human Rights law

becoming more complicated than ever, the firm is uniquely positioned to tackle and take on

the challenges of tomorrow as well as contribute to the shaping of this area of law through

robust and innovative legal arguments.

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WHAT OTHER ORGANISATIONS HAVE SAID ABOUT

GULBENKIAN ANDONIAN SOLICITORS The Legal 500

The Legal 500’s Editorial comment described the firm as follows in the United Kingdom

2017 edition;

Immigration: human rights, appeals and overstay - ranked: tier 1

Gulbenkian Andonian

Described as ‘a well-synchronised ship’, Gulbenkian Andonian has ‘industrial know-how’ and gives ‘detailed and honest advice’; ‘its pursuit of a positive outcome and involvement through every stage are second to none’. It is also commended for ‘its strong ability to handle its own advocacy’. It advises on a range of immigration matters for business and individual clients, relating to work permits, investors, innovators, business and residency applications, asylum and human rights, appeals, and nationality law. Senior consultant Bernard Andonian has ‘vast knowledge’ and is ‘incredibly diligent’; Dave Vasoodaven is ‘a diamond’ and is ‘very meticulous in his approach; he knows how to give the client peace of mind’; Hayk Sayadyan is ‘very approachable’; and Fadi Farhat, who heads the appeals and public law litigation team, is ‘very professional’, ‘can think on his toes’ and ‘has an excellent way of presenting cases’.

ACQ 5 Global Awards 2017 and 2018

More recently, Gulbenkian Andonian Solicitors was awarded the title of Regional Public Law

Advisory Firm of the Year and in the prestigious ACQ 5 Global Awards for 2017 and 2018

(two years in a row) which is very good achievement.

This is in recognition of the firm’s excellent advice and ‘one-stop shop’ philosophy where we

handle matters from beginning to end including conduct of our own advocacy.

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Corporate Vision (CV) Magazine – London’s leading full-service firm 2018

We are also proud to announce that the prestigious CV Magazine which has a Worldwide

Circulation of over 130,000 copies has voted Gulbenkian Andonian Solicitors as London's

Leading Full-Service Firm 2018, as part of their corporate excellence awards for 2018.

This announcement is further testimony that our outstanding position as a leading law firm in

London is due to our ability to run our 'one-stop-shop' in-house advocacy carried out by Mr.

Fadi Farhat is Head of Appeals and Public Law which is a department with a tremendous

success rate.

The Parliamentary Review (2018/2019) – Representative Firm

Researchers at The Parliamentary Review chaired by Sir

Eric Pickles (the former MP and cabinet minister) and

Lord Blunkett (former Home Secretary) have identified

Gulbenkian Andonian Solicitors’ expertise, track-record

and vast knowledge in the field of Immigration, Human Rights and Asylum law.

This has been achieved through referrals to the researchers by judges and barristers

given the firm’s in-house advocacy and extensive litigation outreach as well as the

researchers’ own individual research into the firm and its practice.

The firm will feature in the 2018/2019 Parliamentary Review which will be handed

down to prominent businesses MPs in the House of Commons as well as members of

the House of Lords.

Immigration Expert Guide 2018

Mr. Fadi Farhat has also contributed (as a writer) to the Immigration Expert Guide

2018 published by Corporate Livewire.

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ADVICE AT GOVERNMENTAL LEVEL: HAVING OUR

SAY!

The firm has been involved in various discussions and advice-giving at governmental level

where we have provided our opinion on matters pervading the practice of Immigration and

Human Rights Law. We have also provided a legal opinion on Brexit and the triggering of

Article 50 to the Brentford and Isleworth Conservative Association.

James Brokenshire (Immigration Minister): Fadi has met

with Immigration Minister, James Brokenshire to discuss and

advise on policy as to immigration detention including a

government report.

Boris Johnson (then London Mayor):

Fadi has also met and provided legal

advice to the London Mayor, Boris Johnson on an electoral law matter.

Philip Hammond (then Foreign Secretary):

Fadi has met and discussed the scope of Article

51 of the United Nations Charter with the

Foreign Secretary, Philipp Hammond (2014) as it

may apply to current/modern conditions.

Amber Rudd (Home Secretary): Advice and discussion on

recent litigation in the Supreme Court – MM (Lebanon) UKSC and

the minimum income threshold

Elizabeth Truss (then Justice Secretary): Discussion on the benefits

and disadvantages of the Online Court, the lack of solicitors at judicial

level and immigration appeal fees

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OUR SUCCESS IN NUMBERS FOR 2016, 2017 & 2018 The firm is uniquely positioned to have the exclusive benefit

of a very experienced part-time Immigration Judge, Dr.

Bernard Andonian, who has nurtured the firm’s lawyers.

In addition, the firm’s Managing Director, Dave Vasoodaven, is

one of the most experienced practitioners in the country.

The firm benefits from dedicated lawyers and, for a relatively

small firm, punches well above its weight.

For 2016, 2017 and the first quarter of 2018, the numbers

speak for themselves as follows;

Applications submitted to the Home Office (all types – human rights and PBS):

approximately 900

Appeals lodged and heard:

approximately 400 appeals (the majority of which have been carried out ‘in-house’ in terms of

advocacy without assistance from external counsel) with an 85% success rate on in-house

advocacy

Judicial Review proceedings initiated:

approximately 120 (grounds of claim drafted in-house in a bespoke manner without

assistance from external counsel on 80% of all claims)

Consultations and advice:

Approximately 1,100 consultations and detailed advice given on matters of Immigration,

Human Rights and Asylum law to individuals and businesses alike

For a relatively small firm, the above numbers, particularly given the limited use and

engagement of external counsel, is remarkable and testament to the hardworking nature of

the team.

Given the compact size of our team, we know of no other firm which can speak of such

numbers whilst maintaining a high success rate and without compromising on the

quality of the work carried out.

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24HR EMERGENCY INJUNCTIONS – 87% SUCCESS

RATE

Our offices can assist clients in immigration, asylum and

human rights matters to obtain urgent injunctions

preventing a client’s unlawful removal from the United

Kingdom and this includes applications within normal

working hours to the Upper Tribunal as well as out-of-hours

application to the High Court or Court of Appeal.

Our team can prepare such applications with clarity

identifying the legal basis for injunctive relief as well as presenting your case in a persuasive

and optimum way.

For these applications, our team work usually works around the clock preparing witness

statements, grounds of claim and compiling the relevant documentation meticulously as part

of our in-house ‘one-stop shop’ concept.

For the majority of cases (particularly on non-chartered flights), our offices can obtain

confirmation of deferral of removal directions from the Home Office without the need for an

injunction.

Where an injunction is needed, since 2016, our team has obtained 18 injunctions against

unlawful removals from the United Kingdom which, approximately, represents an 87%

success rate on applications made during this period.

We know of no other firm with such a success rate on work carried out exclusively in-

house with no assistance from external counsel.

IMMIGRATION BAIL AND UNLAWFUL DETENTION

CLAIMS Our team has an excellent track-record of

successful applications for immigration bail to the

First-tier Tribunal where we advise on the

process, evidence-gathering and merits of the

application.

Our team also carries out the relevant advocacy

before the First-tier Tribunal and, since 2016, has

successfully appeared before the First-tier

Tribunal on more than 45 bail applications with,

approximately, a 90% success rate.

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EXPERT PLEADINGS:

APPLICATIONS FOR PERMISSION TO APPEAL TO

THE UPPER TRIBUNAL OR COURT OF APPEAL

The firm has an equally good track-record of success with expert pleadings such as detailed,

bespoke representations, grounds for permission to apply for Judicial Review and permission

to appeal to the Upper Tribunal from the First-tier Tribunal.

If your appeal is dismissed by the First-tier Tribunal, our team has, often, obtained permission

to appeal to the Upper Tribunal which is no easy task and involves a very analytical process to

identify an error of law in the determination/decision of the First-tier Tribunal.

Since 2016, our offices have successfully obtained permission to appeal to the Upper Tribunal

on approximately 19 occasions whereby the grounds for permission were drafted in-house

with care and attention.

Again, we know of no other firm with such a success rate on work carried out

exclusively in-house with no assistance from external counsel.

JUDICIAL REVIEW APPLICATIONS Our firm specialises in challenging immigration decisions (where there is no right of appeal)

by way of Judicial Review. This is a specialist procedure and our offices have the expertise to

advise and assess any immigration case on the merits of such an application.

Where appropriate, our offices can prepare applications for permission to apply for Judicial

Review as well as draft detailed and focused grounds of claim. Your matter will be handled by

a dedicated lawyer and a supervisor.

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Since 2016, our offices have handled approximately 120 applications for permission to apply

for Judicial Review with an excellent success rate – often obtaining permission to apply for

Judicial Review and often settling/resolving matters with the Government Legal Department

(GLD) before a formal judicial decision on whether permission should be granted.

HUMAN RIGHTS APPLICATIONS AND APPLICATIONS

TO REGULARISE STATUS IN THE UNITED KINGDOM Gulbenkian Andonian

Solicitors specialises in

applications which invoke

human rights grounds as a

basis for leave to remain in

the United Kingdom or to

regularise one’s

immigration status.

Our team has immense

experience across several

decades in preparing,

handling and formulating

such application to the Home Office with a good success rate.

We handle such applications with skill and care ensuring that applications are not submitted

until there is a meritorious case as well as the relevant evidence. Clients can expect

applications to be submitted with the appropriate evidence, detailed witness statements as

well as pertinent legal submissions/representations which cite the relevant law, case-law and

any Home Office policy relevant to a client’s case.

Since 1985, the firm has achieved a successful result on human rights applications and

applications for regularisation of stay for thousands of individuals who have since become

citizens and contributed to society at large.

With Gulbenkian Andonian Solicitors, your case will be in a safe pair of hands in a highly

experienced team.

DEPORTATION APPEALS It is estimated that only a small percentage of deportation appeals are successful in the

current two-tier Tribunal system (contrary to popular perception).

Our team has extensive experience in the preparation of deportation appeals and

representation before the First-tier Tribunal and Upper Tribunal.

Our team assesses each case thoroughly with a rigorous examination on the impact of

deportation on family members and children.

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We work with a dedicated team of external experts such as clinical psychologists, child

psychologists, social workers, occupational therapists, objective country experts, university

professors and political scientists to ensure that each case is presented in a convincing and

cogent manner.

THE “ONE-STOP SHOP”

PHILSOPHY

At Gulbenkian Andonian Solicitors, our team is unique in terms

of providing a ‘one-stop shop’ for all our immigration services

without reliance on outside/external counsel or barristers. We

pride ourselves on our in-house advocacy.

Typically (as illustrated by one example), our offices prepared for an appeal before the First-

tier Tribunal where we prepared the witness statements, a comprehensive appellant’s bundle,

chronology, and skeleton argument for the hearing. A member of our team represented the

client at the hearing (in-house advocacy) and the appeal was initially dismissed.

Following its dismissal, our offices drafted grounds for permission to appeal to the Upper

Tribunal and permission was granted.

In the Upper Tribunal, a member of our team represented the client again and the Upper

Tribunal found that there was not only an error of law but remade the decision in our client’s

favour.

The Home Office subsequently appealed to the Court of Appeal and permission was granted.

Once again, our offices have drafted a defence despite the complicated nature of a matter

when it reaches the Court of Appeal.

Another key example was an appeal before the First-tier Tribunal which was dismissed and

subsequent applications for permission dismissed by both the First-tier Tribunal and Upper

Tribunal. Our offices applied for permission to apply for Judicial Review against the Upper

Tribunal’s decision and this was successful, eventually resulting in a re-hearing at the Upper

Tribunal in which the Tribunal found that there was an error of law in the original First-tier

Tribunal’s determination and remade the decision in our clients’ favour. For those process, the

advocacy was carried out in-house as were all the pleadings including skeleton arguments and

grounds for permission.

The above two examples are an illustration of our ‘one-stop shop’ ethos. We believe that this

system is beneficial to clients as they obtain the consistency, clarity and familiarity of one

reference point to guide them through a very difficult but important stage in their lives.

Our team is proud to offer a wide range of expert services to include:

- Draft witness statements

- Representations/pleadings

- Grounds of Appeal, Grounds of Claim and Grounds for Permission

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- Accompany clients to interviews with the Home Office

- Advocacy

EXPERT MENTORING SCHEME FOR LAWYERS BY

OUR IN-HOUSE PART-TIME IMMIGRATION JUDGE

Gulbenkian Andonian Solicitors is in a unique

position whereby the firm was founded nearly 33

years ago by the experienced lawyers both of

whom were Immigration Judges.

Today, Dr. Bernard Andonian remains a part-time

Immigration Judge in the Immigration and

Asylum Chamber of the First-tier Tribunal where

he has heard plenty of matters down the years

from appellants, representatives and others.

He currently works with the firm as an expert Professional Development Consultant

exclusively with the firm and is a mentor to the firm’s lawyers on matters of advocacy, case

representation, conduct and ethics where he can feed 40 years of experience to members of

our team.

In terms of community engagement, the firm also provides ample opportunity for various law

students to benefit from hands-on/real-life exposure to the practice of law through various

work experience schemes organised every year.

The firm has nurtured, mentored and played a role in the development of various aspiring law

students in the past and hopes to continue this trend into the future.

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MEDIA APPEARANCES Our lawyers regularly provide opinions on legal matters through invitations and connections

with the media where our team is recognised by reputable media outlets for its input and

ability to put forth its opinion in a clear and engaging manner.

Our lawyers are at the forefront of topical issues and are able to comment on issues by

drawing from their own practical experiences obtained through litigation processes and

appearances in court.

Outlets include The Independent, Vice Magazine, LBC Radio and NTD television (a Chinese

news network), The Guardian, Zee TV and The Arab Weekly, an English language weekly

publication.

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WHAT JUDGES HAVE SAID ABOUT OUR WORK IN

2016, 2017 & 2018…

Do not just take our word for it – our work has been praised by judges in their written determinations (judgments).

2016

“The appellant’s representatives have made a number of valid points…I am grateful for their submissions.”

“…persuasive point…”

Deputy Upper Tribunal Judge Hanbury on a substantive re-hearing in the Upper Tribunal as to a child’s best interests – 1st February 2016

“Mr Farhat’s submissions are as follows and their clarity is such, that I make no apology

for setting them out in my decision.”

Judge of the First-tier Tribunal Martins in the First-tier Tribunal (25 years’ experience as a

Judge) on 2nd March 2016

“…the appellant’s solicitors have provided a detailed explanation…. this constitutes good

reasons….”

Upper Tribunal Judge Plimmer – 15th February 2016

“…. the strenuous efforts he had obviously made on the appellant’s behalf…”

Judge of the First-tier Tribunal Kimnell – 17th February 2016

“Mr Farhat adopted his skeleton argument. I am indebted to him for the responsible

manner in which he has approached this appeal.”

Judge of the First-tier Tribunal Mailer, October 2016 at paragraph 82

“The evidence from the appellant’s representative…is cogent and persuasive.”

Judge of the Upper Tribunal A Grubb – 15th November 2016

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2017

“I find merit in the submissions of Mr Farhat…”

Judge S. Aziz (5th June 2017) allowing an appeal on mental health grounds in the First-tier

Tribunal

“I also considered a skeleton argument helpfully provided by Mr Farhat, to whom I am

grateful.”

Judge C Greasley (29th November 2017) in the First-tier Tribunal

“Mr Farhat submitted, in recognition of his duty of candour…”

Upper Tribunal Judge Bruce (27th October 2017) allowing an appeal in the Upper Tribunal

“…as explained in Mr Farhat’s skeleton argument…”

Judge Kimnell (25th October 2017) allowing an appeal in the First-tier Tribunal

“It is – as Mr Farhat very fairly acknowledged in the course of submissions and discussion

– entirely accurate to say…”

Deputy Upper Tribunal Judge I A Lewis (27th September 2017) sitting in the Upper Tribunal

“As properly suggested by Mr Farhat…”

Deputy Upper Tribunal Judge Grimes (3rd October 2017) allowing an appeal in the Upper

Tribunal

“I accept the submissions made by Mr Farhat on these points…”

Judge Adio (8th September 2017) allowing an appeal in the First-tier Tribunal

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2018

“I accept Mr Farhat’s submissions…”

Upper Tribunal Judge Plimmer (10th January 2018) allowing an appeal in the Upper Tribunal

“…skilfully put questions in supplementary examination-in-chief…”

Judge Telford (29th January 2018) in the First-tier Tribunal

“Mr Farhat helpfully reminds me of the guidance provided by the Court of Appeal in the

case of SSHD v Kamara [2016] EWCA Civ 813…”

Judge Chapman (19th February 2018) in the First-tier Tribunal

“I am appreciative of the time he has taken to write such a letter…”

Deputy Upper Tribunal Judge Harris (23rd April 2018) in the Upper Tribunal

“This is somewhat a novel approach to take.”

[referring to submissions made at the hearing]

Judge S. Aziz (19th May 2018) in the First-tier Tribunal

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WHAT THE HOME OFFICE AND THE GOVERNMENT

LEGAL DEPARTMENT (GLD) SAYS…

It is a testament to the quality of our work that even the Home Office and the Government

Legal Department (former Treasury Solicitor) has nice things to say about our work from time

to time.

This illustrates the in-depth quality of our work at all levels. Our lawyers have formidable

legal skills and will present any arguable case in an optimum manner before the Home Office

or the Courts.

“….there is a good argument put forward for you…”

“…your argument is persuasive…”

Paul Thompson

Managed Migration Department (Liverpool) – 19th April 2016

In a written decision, referring to representations written by Mr. Fadi Farhat on a human

rights application outside the Rules

“…extensive grounds of claim...”

The Treasury Solicitor (Jamie Johnston, Lawyer) - 20th June 2014

“I agree with the main point made in the request for an Administrative Review, which is that the officer made an error by…”

UK Border Agency, Administrative Reviewer, British Embassy, Warsaw, Poland – 21st

February 2013

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WHAT BARRISTERS HAVE SAID…

Whilst the majority of the firm’s advocacy needs

is now met in-house through our lawyer-

advocates (particularly Mr. Fadi Farhat who

heads up the Appeals and Public Law team), the

firm’s lawyers have received praise from

barristers at times when instructions were given

to external counsel. Below are examples of what various barristers

have said in relation to our lawyers.

“…comprehensive and demonstrated an awareness of the legal authorities...”

Mr. Paul Richardson – 08/01/2013 – Barrister/Counsel of 1 Gray’s Inn Square commenting in respect of a hearing on 07/01/2013 before Upper Tribunal Judge Allen on a case concerning

the former Work Permit Scheme

“The pleadings (the Grounds of Appeal, Grounds for Renewal and the Skeleton Argument)

were all very competently drafted.”

Linda Turnbull, Barrister, 1 Gray’s Inn Square, called to the Bar in 1998 at Lincoln’s Inn – 1st December 2013

“The bail grounds were full and detailed, referring to relevant authorities and policy documents and raising pertinent and persuasive arguments. I would certainly be happy

to see the same model applied again to other cases.”

Mark Bradshaw, Barrister, No5 Chambers (Birmingham), called to the Bar in 2002 – 17th December 2013

“The Grounds of Appeal were extremely well drafted. Consequently, I felt confident in adopting them fully as my legal argument.”

France Shaw, Barrister, 1 Gray’s Inn Square, called to the Bar in 2007 – 7th January 2014

“…your excellent and very detailed submissions.”

Colin Yeo, Barrister, Garden Court Chambers, called to the Bar in 2002 and widely respected as the founder of the popular Free Movement blog (freemovement.org.uk) – 10th March 2014

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WHAT CLIENTS SAY… If Judges, the Home Office, and Barristers are wrong, we are sure that our clients cannot be

and below is a selection of recent client testimonials from our clients;

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NOTABLE CASES WHERE NO LITIGATION WAS

REQUIRED Not all our cases go to appeal before the First-tier Tribunal or through the Courts. Some cases,

despite being surprisingly complex and tricky, are successful at Home Office level and leave to

remain is granted (saving time and cost – both financially and emotionally). Below are a few

recent examples which, again, is not an exhaustive list by any means.

Asylum: ex-wife in danger on return to Saudi Arabia

Our offices acted for a female applicant who feared for her life on return to

Saudi Arabia given that she had escaped from a relationship with a Saudi

Royal where the evidence suggested that she would not be able to lead a

normal life on return or obtain a fair hearing. Our client’s application was

successful.

45 criminal convictions!

We acted for an individual with settlement status in this

country who had obtained around 45 criminal convictions

during his time in the UK. The Home Office contemplated the

signing of a Deportation Order. Despite the extensive

criminality, our offices made pertinent representations

outlining our client’s ongoing rehabilitation and some representations on exceptional

circumstances surrounding our client’s care arrangements for his elderly mother. The Home

Office agreed that a Deportation Order, in light of the specific circumstances was not

appropriate.

Asylum: Same-sex relationship in Pakistan

We recently acted in an asylum matter involving a Pakistani

applicant in a same-sex relationship which is not recognised in

Pakistan. Our detailed representations, preparation, witness

statement and evidence-pack addressed matters of credibility,

the legal framework and the objective country evidence in

Pakistan. Our client’s application was successful.

Tier 1 (General) – income not accepted

After a failed application, two failed Administrative Review

applications and various correspondence from an MP, our

offices made further representations forensically

examining receipts, bank statements and other documents

to explain the income. This was successful without the

need for a Judicial Review as initially contemplated.

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BUSINESS IMMIGRATION – TIERS 1 & 2 OF THE PBS

In addition to our remarkable record involving appeals, human rights and overstaying, the

firm has a vibrant business immigration practice.

We are regularly instructed by various organisations and business (large and small) to assist

with their business immigration needs.

For example, we have been trusted to meet the needs of;

- A regional chain of pharmacies

- Two large restaurant chains

- A regional care home

- Britain’s largest tobacco factory (one of the few remaining)

- As well as two major football clubs – Nottingham Forest Football Club and Barnet

FC on various members of staff including players, marketing professionals and the

like

We also recently worked with Crystal Palace FC in relation to an

important member of their staff.

This is in addition to countless individual applications under the Points

Based System (PBS) for professional individuals as well as Tier 1

(Entrepreneur) applications for individuals with innovative business ideas.

The firm handles approximately 50 Tier 1 (Entrepreneur) matters each

year for wealth-creators and innovative businessmen.

Our business immigration practice goes beyond form-filling and making sponsor licence

applications. The firm has been involved in litigation in the High Court in relation to the

revocation/suspension of sponsor licence. Once again, all legal drafting was carried out in-

house.

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WE SPEAK YOUR LANGUAGE For a relatively small team, our members are proudly multilingual. At Gulbenkian Andonian Solicitors,

our lawyers and members of staff can assist you in the following languages;

- Arabic - Italian

- Armenian - French

- Farsi (Persian) - Vietnamese

- Russian - Cantonese

- Hindi, Urdu & Punjabi - Mandarin

- Tamil - Portuguese (basic)

- Spanish - Czech (basic)

OUR SERVICES Whilst known for our excellence in the field of Immigration, Asylum, Human Rights and

Nationality Law, we also provide dedicated advice and representation in the following areas of

practice.

CONVEYANCING, WILLS AND PROBATE and PROPERTY LITIGATION

- Both commercial and residential – buy and selling property (freehold and leasehold)

- Agricultural land

- Lease extensions

- Covenants, Easements and other matters

- Wills & Probate

- Court of Protection matters

CIVIL LITIGATION (TORT LAW, CONTRACT LAW, DEFAMATION ETC)

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- All aspects of civil litigation for claimants and defendants alike in a multitude of areas

whether underpinned by statute or the common law including defamation (claims in

tort or breach of contract)

- Drafting Applications

- Commercial Disputes

- Contractual Disputes

FAMILY LAW

- Divorce

- Financial Orders on divorce

- Contact and Residence Disputes involving children

- Non-Molestation and Occupation Orders (Domestic Violence)

EMPLOYMENT LAW

- Unfair and Constructive Dismissal

- Discrimination at work

- Claims and representation in the Employment Tribunal

PUBLIC LAW/JUDICIAL REVIEW/PLANNING

- Planning Law matters and Judicial Review

REGULATORY AND PROFESSIONAL DISCIPLINE

- Advice and representation on regulatory matters and professional discipline

(legal professionals, healthcare professionals, teachers etc.)

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HOW TO GET IN TOUCH Our firm’s address is located 5-6 minutes away (by foot) from Holborn Station on the Piccadilly Line at

the prestigious Holborn Town Hall;

SUITE H, GROUND FLOOR HOLBORN HALL 193-197 HIGH HOLOBRN LONDON, WC1V 7BD

Our website, where you can send an email query, is www.gulbenkian.co.uk

Our telephone and fax numbers are: Tel: 0207 269 9590 & Fax: 0207 404 7624

Please also follow our Facebook and Twitter pages:

@GA_Solicitors

https://en-gb.facebook.com/GulbenkianAndonianSolicitors/