Justitia Chambers

31/07/2025

Permission was granted this week in the Court of Appeal where Shivani Jegarajah had drafted the Grounds for two distinct cases where there was a similar legal issue, namely whether the Respondent was required to give adequate reasons for refusing to exercise discretion under SW 1.6 or outside the Rules. Lord Justice Arnold found in both instances that this was arguable and that insufficient reasons were given by the Respondent for its refusal.

Komathan Tharmarajah of KT Solicitors instructing felt that the success was largely down to Counsels' detailed and persuasive submissions and the clarity and legal depth of her Grounds.

05/06/2025

Albanian National Granted Pre-Settled Status After Tribunal Victory

Our client, an Albanian national, faced significant challenges after the Home Office refused his application under the EU Settlement Scheme. The refusal was based on a past criminal conviction of six years and a deportation order, despite the fact that he had served his sentence and continued to reside in the UK.

Represented by Evin Atas, assisted by Jahnzaib Sarwar, our client appealed the decision to the First-tier Tribunal and in November 2023, the Tribunal allowed his appeal under the EUSS. Despite the Tribunal's decision, the Home Office refused to issue him with leave under EUSS.

A detailed Pre-Action Protocol letter was then submitted, following which the Home Office withdrew its refusal and finally granted our client pre-settled status. The case underscores the importance of rigorous legal representation and persistence in the face of complex immigration challenges.

For any deportation enquiries, contact our experienced legal team via [email protected]

28/03/2025

Kim Renfrew successfully represented an Appellant in a complex appeal which involved the intersection between deportation and international child abduction.

The case involved concurrent deportation, Hague Convention and Children Act 1989 proceedings. It raised an issue concerning the impact of deportation where the Appellant’s child had been unlawfully removed from the UK and there were extant proceedings seeking the child’s return. This was in the context of a post-Brexit deportation decision where the Appellant’s residence and rights under the Withdrawal Agreement were disputed.

Kim was instructed by Raees Ahmad of Max Law solicitors. She worked alongside family law barrister Andrea Awoniyi of 42 Bedford Row, who was instructed to draft written submissions on the operation of The Hague Convention.

https://www.42br.com/latest-news/dc-v-sshd-child-abduction-hague-convention-inherent-jurisdiction-article-6.htm

The appeal was allowed by the First-tier Tribunal on the grounds that the SSHD’s decision was not in accordance with the 2016 Regulations (as saved), incompatible with the Appellant’s rights under the Withdrawal Agreement and a breach of his rights under Article 8 ECHR.

Andréa Awoniyi drafted submissions in complex family & immigration case, resulting in successful appeal.

09/01/2025

Two same-day successes for Kim Renfrew to kick off 2025.

On Tuesday this week, Kim represented a Sri Lankan asylum seeker whose appeal was allowed by written decision issued the same day.

Yesterday, Kim was instructed to represent a Vietnamese national in a case involving deportation and trafficking. The appeal was allowed on asylum grounds at the hearing, following closing submissions.

Well done, Kim!

18/12/2024

Samir Pasha's client was charged with dangerous and drink-driving, after driving head-on towards oncoming traffic, causing a collision of 4 cars and injuries to drivers. The case was committed to the Old Bailey, Central Criminal Court, for sentencing.

The client, who is 71 years old, pleaded guilty at the earliest opportunity, and expressed remorse for his actions. After strong mitigation put forward by Samir, the client was given 14 months' imprisonment which was suspended for two years along with a driving disqualification for 3 years.

04/11/2024

Samir Pasha represented a professional footballer at Harrow Crown Court who was charged with one count of Being Concerned in the Supply of Class A Drugs, namely Co***ne. He was charged with two other co-defendants in relation to a drugs line phone-in operation for almost 2 years in London.

Samir's client pleaded guilty at the first opportunity in early May, having been remanded in custody since April. After almost 6 months of administrative hearings and delays, he was finally sentenced on Friday with heavy mitigation being put forward by Samir on his behalf. The mitigation included the successful and positive career he had had as a footballer alongside a number of character references, including letters from prison staff.

Samir also successfully challenged the prosecution's basis of sentencing from a Significant Role to a Lesser Role which greatly impacted the client's final sentence outcome. Overall, the sentencing Judge remarked that had he been sentenced after trial he would have received 3 years 4 months, however, he was given only a 30 month sentence for the offence.

Instructed by Antonia Kim Charles of MTC Solicitors

07/10/2024

A jury at Isleworth Crown Court found Samir Pasha's client Not Guilty of Aggravated Stalking after a 3 day trial.

Samir's client, a husband, was charged with Stalking under s4A Protection from Harassment Act 1997, which is also known as Aggravated Stalking. This offence concerns stalking involving serious alarm or distress, which has a substantial adverse effect on day to day activities. If found guilty this offence can carry a maximum penalty of 10 years' imprisonment.

Samir's client was also charged with Assault by Beating, all relating to a husband and wife who were who going through a marriage breakdown, with a young child also involved.

After a 3 day trial involving evidence from both husband and wife, and almost 6 hours of jury deliberation, Samir's client was found not guilty of Aggravated Stalking, but instead was found guilty in the alternative to the lesser offence of Stalking, and Assault by Beating.

Instructed by Antonia Kim Charles of MTC Solicitors.

04/09/2024

Shivani Jegarajah will be moderating a debate at 1pm tomorrow (5th September) on whether Sri Lanka should be referred to the ICC for injustices against the Tamil community. See link to Webinar below:

* WHEN: Thursday, September 5th. - - * TIME: New York: 8:00 am; -- UK: 1:00 pm; -- Sri Lanka 5:30 pm; -Australia (Cambara): 10:00 pm. - * WATCH LIVE: TGTE.TV

15/08/2024

Samir Pasha made successful submissions of no case to answer before Coventry Magistrates, in a case where a Careworker, originally a trained nurse/midwife from India, was accused of punching an elderly resident whilst she was changing her pad due to soiling herself. The resident had become agitated and kicked Samir's client in the shin, and was going to spit at her.

The prosecution witnesses consisted of two care assistants who were assisting at the time but holding the resident's arm as she was prone to aggression. However, the witnesses provided inconsistent accounts of what actually occurred, and one of them was treated as hostile, with her evidence being subsequently disregarded by the prosecution themselves.

After a strong application to have the case dismissed at half time, the Bench accepted the tenuous and inconsistent nature of the evidence.

15/08/2024

On Monday Samir Pasha secured a conditional discharge for a client accused of possessing CS pepper spray.

The client was charged with possession of a weapon for discharge of a noxious substance under section 5 Fi****ms Act 1968. The case dated back to 2021, when the client was found in possession of a CS Pepper Spray canister. After 3 years, the CPS decided to charge our client, who entered a guilty plea at Barkingside Magistrates Court.

After strong mitigation, our client was given a simple conditional discharge.

01/08/2024

Shivani Jegarajah was granted permission at the High Court today in an extradition appeal where the District Judges had failed to make clear findings in respect of the remaining length of sentence to be served by our client, the Appellant.

Shivani was instructed by Divinah Mahendran of Raj Law Solicitors

31/07/2024

Today at Wood Green Crown Court, the CPS offered no evidence against Samir Pasha's client who was charged with Stalking and Criminal Damage, as alleged by his ex partner.

Samir's client was formally acquitted following confirmation by the prosecutor that the complainants were not yet served with a formal witness summons, despite repeated attempts by police to contact them.

This case had been going on since November last year, with the client under a number of bail conditions which finally ceased today.

Instructed by Antonia Charles of MTC solicitors.