5 Essex Court

Alan Payne QC

Call 1996
Silk 2019

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: 

Muktur Habte v Secretary of State for the Home Department [2020] EWHC 967 – challenge to the decision not to assume responsibility under Dublin III for determining a claim for international protection.

Omar v Secretary of State for the Home Department [2019] EWCA Civ 207 – challenge to the guidance in assessing significant risk of absconding in the context of detention under EU law. 

AB v Secretary of State for the Home Department [2018] EWCA Civ 383 – whether a person has to be present in the UK in order to be granted refugee status.

MM & Ors v Secretary of State for the Home Department [2017] UKSC 10 – challenge to the lawfulness of the income requirements imposed on those seeking entry into the UK.

Imam v Secretary of State for the Home Department [2017] EWHC 2917 – whether a person who works at a takeaway restaurant can qualify as a chef for the purpose of the Shortage Occupation List.

MM & Ors v Secretary of State for the Home Department [2017] UKSC 10 – challenge to the lawfulness of the income requirements imposed on family members seeking entry into the UK.

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

AH (Algeria) v Secretary of State for the Home Department [2015] EWCA Civ 1003 – whether a serious criminal could through subsequent good behaviour avoid being excluded from protection under the Refugee Convention.

Biruk Habte & Ors v. SSHD [2013] EWHC 3295 - whether under Regulation 343/2003 art.16(1) the UK was able to return an illegal entry to first Member State without carrying out an full investigation.

AR (Iran)) v Secretary of State for the Home Department [2013] EWCA 778 – it was not open to individual asylum seekers to challenge decisions taken by Member Staets under Directive 2005/85

AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395 - challenge to guidance concerning themeaning of the words “serious crime” for the purposes of the Refugee Convention.

MM (Zimbabwe) v Secretary of State for the Home Department [2017] EWCA Civ 797 – challenge to deportation by a criminal with a serious medical condition on the grounds of lack of treatment in receiving country. 

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.

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 Secretary of State for the Home Department [2013] EWHC 123 – challenge to the return of asylum seekers to Malta under EU law (Dublin Regulations.

EM (Eritrea) v Secretary of State for the Home Department [2012] EWCA Civ 395 – challenge to legal test applicable to determining human rights claims arising from transfers to other Member States.