5 Essex Court

Alan Payne

Call 1996

Human Rights

Alan has significant experience in this area with notable expertise in immigration, asylum and deportation  related matters. Notable examples of his work include: 

MM (Zimbabwe) v Secretary of State for the Home Department [2017] EWCA Civ 797 – whether a criminal with a serious medical condition could be deported to a country where he might not have access to medication needed to treat his condition (and thus pose a risk of further crimes).

BL (Jamaica) v Secretary of State for the Home Department [2016] EWCA Civ 357 – whether the public interest in deporting a criminal was outweighed by the interests of his children.

Secretary of State for the Home Department v SS (Congo) and 5 ors [2016] 1 All ER 706 – the correct approach to determining Article 8 applications by family members who did not meet the requirements of the Immigration Rules.

Drammeh v Secretary of State for the Home Department [2015] EWHC 2754 – whether the immigration detention of person on hunger strike was unlawful after his health had significantly deteriorated.

Tabrizagh & 5 Ors v Secretary of State for the Home Department [2014] EWHC 1914 – multiple claims brought be asylum seekers trying to establish an entitlement to an in-country right of appeal on human rights grounds against their removal to Italy.

MB & Ors v SSHD [2013] EWHC 123 - the Court held that asylum seekers could be lawfully returned to Malta.

EM (Eritrea) v SSHD [2012] EWCA Civ 395 – the Court of Appeal confirmed that individuals could only challenge their transfers to other Member States on Article 3 ECHR if they could establish systemic deficiencies in the receiving state.

ED (Ghana) v SSHD [2012] EWCA Civ 39 - a person present who had been convicted of various offences, was unable to rely on the test in Maslov v Austria (1638/03) [2007] 1 F.C.R. 707, where his presence in the UK was and had been unlawful.