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Bahar Ata , Duncan Lewis , Public Law Solicitor , Luton

Bahar Ata

Director

Profile / Experience

Awards Recommendation for Bahar Ata
Legal 500 CILEX2019.jpg

Bahar is listed as a Recommended Lawyer in the 2019 edition of The Legal 500 and is described as a 'key figure whose"...understanding of immigration issues, especially asylum support and EEA law, is second to none."

Legal 500 2019 Edition.
Immigration / Milton Keynes and Luton

Bahar is a finalist at the 2019 CILEX National Awards

Other 2019 Edition.
Public Law / CILEX National Awards 2019

"Bahar Ata has substantial experience representing clients at the High Court in judicial review cases."

Legal 500 2017 Edition.
Immigration: Human Rights, appeals & overstay / South East: Milton Keynes & Luton
I am a Fellow of the Chartered Institutes of the Legal Executives and a Director within Duncan Lewis. I am the head of the Public Law and Immigration departments in Luton and I supervise a team of dedicated lawyers representing the most vulnerable in our society. I was promoted to lead the Immigration and Public Law departments shortly after qualifying and I am the only Legal Executive to hold the post of Director within Duncan Lewis. Since taking on that position, I have developed a team of 3 lawyers to a strong and dedicated team of 25. It has become the fastest growing office within the firm.

Since 2016 I have been instrumental in setting up the firm’s dedicated bail team where the focus of the team is to represent those detained under immigration powers as well as to bring challenges against the Secretary of State for the Home Department for unlawful detention, false imprisonment claims and failure to provide accommodation.

My specialty is in Public Law with a niche practise in immigration and human rights judicial review claimant matters. I have been practising immigration and human rights law for more than 14 years.

I have a varied practise of representing clients in unlawful detention claims, challenges against the Competent Authority decisions in respect of trafficking claims, age assessments challenges and challenging removals to third countries under Dublin Regulations. I have extensive experience of representing clients at the High Court, Court of Appeal and the Supreme Court.

I was the lead lawyer in representing Claimants in challenging removals to Hungary and Bulgaria under Dublin III Regulations. The High Court decision in the case of Ibrahimi & Anor v The Secretary of State for the Home Department [2016] EWHC 2049 (Admin), is the only one of its kind where the Secretary of State accepted the decision of the High Court that returning asylum seekers to Hungary would breach their Article 4 of the European Charter of Fundamental Rights. This has seen proven success; since 2016 there have been no removals to Hungary from the UK under the Dublin III Regulations. This case has also been used as precedent in other European courts.

I am the lead lawyer in representing clients in group litigation in challenging detention under Article 28 of Dublin III Regulations. The Court of Appeal handed down a landmark judgment in Hemmati & Others -v- Secretary of State for the Home Department [2018] EWCA Civ 2122, pertaining to the detention of individuals which resulted in the Court finding that the Secretary of State for the Home Department had acted unlawfully by detaining the Appellants whilst their claims were being considered under the Dublin III regulations.

I consider myself a true advocate for human rights, which is demonstrated through my leadership in high-profile cases and extensive experience of representing clients before the Administrative Court, the Court of Appeal and the Supreme Court. The judgments of which have had wider implications for more than just my individual clients. I would go above and beyond for vulnerable individuals in order to give them a voice they may otherwise lack. This is shown through cases such as ZMM (Article 15(c)) Libya CG [2017] UKUT 00263 (IAC) where I successfully represented the Appellant in the Country Guidance case challenging removals to Libya. We were successful in demonstrating evidence that Libya remains extremely unstable based on lack of state protection for civilians. This decision, amongst other cases have been significant in showing my ability to utilise my skills to fight for the rights of vulnerable individuals who have had their lives uprooted and homes destroyed as a result of conflict abroad. I am recognised as a recommended individual in the 2019 edition of The Legal 500 where I am described as a 'key figure' whose "understanding of immigration issues, especially asylum support and EEA law, is second to none". I was a finalist and highly commended as a legal expert at the 2018 Cilex Awards and a finalist for Lawyer of the Year award at the 2019 Modern Law Awards.

Education

  • Fellow of the Chartered Institute of Legal Executives - CILEx Law School
  • LLB - London Metropolitan University

Career

  • Appointed as Director of Public Law and Immigration at Duncan Lewis (2016)
  • Qualified as a Fellow of the Chartered Legal Executives (2016)
  • Public Law/Immigration Caseworker at Duncan Lewis (2011-2016)
  • Public Law/Immigration Caseworker at Hersi & Co Solicitors (2005-2011)

Awards

  • Recommended Individual - The legal 500, 2019 edition - Immigration/South-East
  • Recommended Individual - The Legal 500, 2017 edition - Immigration/South East
  • Finalist and Highly Commended as a legal expert at Cilex 2018 awards
  • Finalist as a lawyer of the year in Modern Law awards 2019

Notable Cases

Supreme Court
  • Ahmed Mahad & Others -v- ECO [2009] UKSC - in which the Supreme Court held that individuals sponsoring family members to join them in the UK can rely on third party support.

Court of Appeal
  • N (Afghanistan) & Anor v Secretary of State for the Home Department, Court of Appeal [2018] EWCA Civ 1059
  • HK (Iraq) & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWCA Civ 1871


  • AM (Jamaica) -v- SSHD [2008] EWCA Civ 1408 - the Court of Appeal remitted the matter back to the Tribunal to consider the Article 8 rights of children in deportation appeals.
High Court
  • Baraka, R (on the application of) v SSHD [2018] EWHC 1549
  • Waheed v Secretary of State for the Home Department [2017] EWHC 3080
  • Thompson v Director of Legal Aid Casework [2017] EWHC 230
  • Ibrahimi & Anor v The Secretary of State for the Home Department [2016] EWHC 2049
  • Khaled v SSHD No 1 [2016] EWHC 857 - Admin
  • Khaled, R (on the application of) v Secretary of State for the Home Department (No 2) [2016] EWHC 1394 - Admin

  • R (on the application of QB) -v- SSHD [2010] EWHC 483
  • Odawey -v- ECO [2011] EWCA Civ 840
  • Muse and others (by their litigation friend Ali) v Entry Clearance Officer [2012] EWCA Civ 10

Civil Court
  • TM (A Minor), R (on the application) v SSHD (Minor - asylum - delay) [2018] UKUT 299 (IAC)
  • ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC)

Membership & Accreditations

  • Chartered Institute of Legal Executives
  • Level 3 (Advanced) Immigration and Asylum Accreditation Scheme
  • Supervisor Immigration and Asylum Accreditation
  • ILPA

Articles

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