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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/