Immigration Solicitor

Vinita Templeton

Vinita Templeton , Duncan Lewis , Immigration Solicitor , Cardiff

Immigration
Director & Solicitor
Cardiff
02072752575
 

Profile / Experience

I am Director of Immigration and Public Law at the Duncan Lewis Cardiff office. I specialise in a wide range of complex asylum, immigration and human rights matters, including cases involving vulnerable individuals such as victims of torture and human trafficking.

I have a broad practice in Immigration Judicial Review claimant matters. I frequently achieve success for clients in challenging cases where appeal rights had previously exhausted. I have an excellent track record of turning around cases that have been deemed without merit. Due to strict legal aid rules, I often undertake extensive pro bono work before being able to secure legal aid funding in these cases. Some of these cases have resulted in changes to Home Office Policy, such as the Home Office policy on Discretionary Leave for victims of trafficking and also changes to policy relating to ex armed-forces personnel.

I have significant experience leading immigration appeal cases before the Upper Tribunal and the Higher Courts.

I work closely with charity organisations in South Wales committed to helping asylum seekers.

I am a member of the Immigration Law Practitioners' Association (ILPA) which not only allows me to stay up-to-date with the newest Immigration Law news and information but also solidifies my status as an expert in Immigration Law.

 

Education
  • Legal Practice Course (LPC)- University of West England
  • Masters in International Relations - University of West England
  • Law degree - University of West England

 

Career
    Appointed as a Director - September 2016-present
  • Consultant at Duncan Lewis - March 2013
  • Head of Immigration Law Department at Ty Arian Solicitors in Swansea 2011-2013
  • Senior Counsellor at Immigration Advisory Service 2005-2010
  • Admitted as Solicitor July 2005
  • Training Contract at Smith Llewelyn Solicitors in Swansea 2003-2005
  • Child Rights Consultant at UNICEF Nepal 1999-2001
  • Project/Communications Officer at Child Workers in Asia, Bangkok 1997-1999

 

Recent Notable Cases

 

Court of Appeal
R oao Parvin Begum -V- SSHD PB (Bangladesh) - C4/2014/3023 - My client had been granted leave to remain recourse to public funds under the post 2012 change in immigration rules. We challenged the decision on account of her poor health and disability and the case was settled at the Judicial Review stage. The matter progressed to the Court of Appeal stage to litigate the issue of costs. The matter was settled with a favourable outcome before the date of hearing.

 

High Court
HS and Others [2012] EWHC 3126 (Admin) Case No: CO/6311/2011 - This was a CART Judicial Review claimant matter. This case where the decision provides clarification of how the second appeals test should be applied: On a substantive judicial review of the Upper Tribunal’s refusal of permission to appeal, Charles J considered that once permission has been granted in such a ‘Cart judicial review’ the second appeals test falls away and standard judicial review principles apply. Accordingly: (a) at the permission stage, the Court is to decide whether the second-tier appeals criteria are satisfied and not whether it is arguable that they will be satisfied at the substantive hearing; and so (b) if permission is granted on that basis (as with a second-tier appeal) the permission test is spent and is no longer the test to be applied at the substantive hearing. The timing of this decision coincided with when the 59th amendment of the Civil Procedure Rules came into force on 1 October 2012. LJ Charles decision remains of historical interest as it echoes the provisions within Cart Rule 54.7 which provides: "That the court will give permission to proceed only if it considers –
  • That there is an arguable case, which has a reasonable prospect of success, that both the decision of the Upper Tribunal refusing permission to appeal and the decision of the First Tier Tribunal against which permission to appeal was sought are wrong in law
  • That the claim raises an important point of principle or practice
  • Or there is some compelling reason to hear it."

 

Civil Courts & Tribunal
AB & Others (internet activity – state of evidence) Iran [2015] UKUT 257 (IAC) - My client was AB whose was a blogger and rap musician. This case established that social media users who have been critical of the Iranian regime may be at risk upon return to Iran, in the event of likely interrogation at the airport. The Upper Tribunal found that the use of the internet in an opportunistic way does not mean that an individual would not be at risk upon return. An individual’s social media activity is a factor that must be considered when assessing potential risks upon return.

 

HAA (s.72: overseas conviction) Somalia [2012] UKUT 366 (IAC) (10 October 2012) - This was an Upper Tribunal matter. The case was reported on the basis that in cases where s 72 of the Nationality, Immigration and Asylum Act 2002 is invoked, it is important to see that the specific requirements of that section have been complied with. In particular, if the conviction was outside the United Kingdom, there must be either proof of the offence and sentence (s 72(3)), or certification under s 72(4). It does not appear that the statute requires certification to be in the letter of refusal.

 

Rajbhandari (PBS: funds - available) Nepal [2012] UKUT 364 (IAC) (08 October 2012) - This was an appeal before the Upper Tribunal relating to a challenge against a refusal decision in respect of a Tier 1 (Post-study Work) Migrant. The case involved a consideration of the availability of funds in PBS cases. In this matter it was held that the notion that funds only need to be “available” to an applicant is, on the true construction of Appendix C of the Immigration Rules, applicable only to student applications.

 

Testimonies & Client Comments
"She's like a dog with a bone - just relentless" - A Home Office Presenting Officer, 2016

 

Recommendations & Awards
  • Recommended lawyer in the Legal 500 since 2014 for my asylum and immigration work in Wales.
  • In its 2015, 2016 and 2017 editions, Legal 500 has recognised me as an elite “Leading Lawyer” in my practice area

 

Membership & Accreditations
  • Immigration Law Practitioners' Association (ILPA)
  • Free Movement
  • Supervisory and Level 2 Accreditation - Law Society Immigration & Asylum Accreditation Scheme

 

Interests
  • Reading
  • Theatre
  • Cuisine
  • Canvas Painting
  • Music

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