5 Essex Court

Robert Harland

Call 2006

Immigration

Rob acts predominantly on behalf of the Home Office in cases from the Upper Tribunal up to the Supreme Court. Rob has had a leading role in the ‘ETS’ litigation. Rob has special expertise in cases which involve both immigration and family law. He has appeared in particularly significant country guidance cases (relating to Eritrea, Afghanistan and Libya) and in a number of Dublin cases (relating to return to Italy, Spain, France, Cyprus and Hungary).

Recent cases:

Pathan v Secretary of State for the Home Department [2020] UKSC 41 - Leading case on procedural and substantive fairness, heard by the Supreme Court. It involved complex legal issues which divided the Court. I have subsequently advised extensively on Pathan-type cases and the consequences across other fields of law. Instructed by The Government Legal Department.

Waseem and Arachchige v Secretary of State for the Home Department - Leading case on interpretation of the government’s long residence policy. 2 days hearing before a Presidential panel in the Upper Tribunal. Involved complex consideration of the development of the long residence policy and its interaction with Article 8. Initially involved acting against three teams of counsel, including a QC. Instructed by The Government Legal Department.

K (a child) -  Family/immigration case considering the interaction between Hague Convention proceedings and immigration, involving multiple lengthy ‘closed’ and ‘open’ hearings regarding the disclosure of asylum documents. This case is covering many new issues of law and was recently considered by the Supreme Court in its judgment in G v G [2021] UKSC 9

AB v AN v SSHD - Family/immigration case considering whether an FGM Protection Order should be made in proceedings where an asylum appeal had found no risk of FGM. Covered new legal principles including the need for expert evidence in such proceedings and the role of the SSHD as intervenor