33 Bedford Row’s Head of Immigration, Public Law & Civil Liberties, Dr S Chelvan’s “Diary of a Strategic Litigation Lawyer: HJ (Iran) and HT (Cameroon) [2010]: Beacon of Hope, or Template for Exclusion, is published by Hart Publishing today as part of a volume examining “Landmark Cases in International Refugee Protection”. The volume is co-edited by Professors Kirsten McConnachie and Sarah Singer, and is dedicated to Dr Chelvan’s late-husband “Mark Chelvan-Stanmore, and to the work of everyone engaged in law and litigation to protect the rights of refugees”.
Dr Chelvan, who is also an Adjunct Professor at the Centre for International Law and Globalisation at Southampton Law School, draws on his 25 years of expertise in refugee status determination as a litigator, academic and policy advisor to specifically address the UK Supreme Court’s 2010 binding judgment of protection claims, and how this can be re-read through the prism of the Court of Appeal’s February 2025 judgment in Secretary of State for the Home Department v. PG [2025] EWCA Civ. 133, noting the November 2024 ruling by the Strasbourg Court in MI v. Switzerland ending discretion-reasoning in protection claims.
Dr Chelvan proposes a mechanism to re-read HJ and HT in a manner to end discretion-reasoning in all protection claims, though the operation of Lord Rodger’s guidance at paragraph 82 of the 2010 judgment, in order to ensure UK-law is read in-line with the recent Strasbourg judgment.
Dr Chelvan was instructed by Jacqui McKenzie of Leigh Day, as Leading Counsel, leading Haydee Dijkstal, for the Intervenors in MI v Switzerland, profiled by The Times for their ‘Lawyer of the Week’ on 12 December 2024.
Dr Chelvan was instructed as Leading Counsel by David Mariampillai and Shankhanie Samarakoon of David Benson Solicitors for PG (currently before the Upper Tribunal following remittal), leading Simon Ridding before the Court of Appeal.
Dr Chelvan shared his analysis with his LL.M students last Tuesday (17 February) at Southampton Law School (Contemporary Issues in Refugee Law seminar) and will also be sharing his thoughts on 3 March (University of East London), 11 March (City University) and 21-22 May (Uppsala University (Sweden), LGBTQ+ Refugees in Welfare State: Research, Policy and Practice, opening keynote speaker).
Link to ‘Landmark Cases in International Refugee Protection” website: https://www.bloomsbury.com/uk/landmark-cases-in-international-refugee-protection-9781509981335/