Biography

Shivani JegarajahYear of Call: 1993

Shivani is a fearless, persuasive and innovative advocate.

In J v SSHD [2004] EWHC 2636 (Admin) Mr Justice Munby, as he then was said this of Shivani:

41: I do not want to patronise you, but it has always been the function of the legal profession to help those who cannot help themselves. And those who act pro bono, particularly in modem times, and particularly, if I may say so, in relation to clients who may have complicated cases, are acting in the highest traditions of the legal profession. It is also the historic function of the Bar, and I say the Bar because it is the Bar by and large who stand on their feet and advocate in courts, to stand up fearlessly on behalf of the client and stand up to a judge if it is thought that the judge has overstepped the mark or said something unfortunate or inappropriate. You are absolutely right to make the comments you have made and you ought to be congratulated for having had the courage to do so.

Shivani is ranked as a 'Leading Individual' in immigration law in Chambers and Partners in 2013, as she was from 2009 onwards.

"Shivani Jegarajah is recommended for her work on children-based human rights applications, and appears frequently for claimants in judicial reviews in the higher courts. She has carried out interesting work surrounding the political implications of deportations to Sri Lanka and Pakistan, and is praised by her clients for her commitment, pragmatism and creative thinking."

Listed in Chambers and Partners 2016 as a leading Junior.
Listed in Legal 500
Listed in Best Lawyers in the United Kingdom 2017

Areas of practice

Immigration, Asylum and Nationality Law

Unlawful Detention

Education

Notable Cases

Unlawful Detention

Alo, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2375 (Admin) (27 July 2012)

Barrow v Secretary of State for the Home Department [2012] EWCA Civ 512 (14 March 2012)

Mehari v SSHD R (on the application of Mehari) v Secretary of State for the Home Department [2009] EWHC 3464 (Admin), [2010] All ER (D) 154 (Jan)

Ashori, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1460 (Admin)

Amirthanathan, R (on the application of) v Secretary of State for the Home Department [2003] EWHC 1107 (Admin) (02 May 2003)

Dublin Convention

VT (Dublin Regulation: post-removal appeal) Sri Lanka [2012] UKUT 308 (IAC) (10 September 2012)

Shayanth, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1208 (Admin) (03 June 2009)

Al-Ali, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3638 (Admin) (04 December 2012)

T (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1093 (Admin) (01 May 2013)

Katshunga, R (on the application of) v Secretary of State for the Home Department [2006] EWHC 1208 (Admin)

Country Guidance

GJ (post-civil war: returnees) Sri Lanka CG (Rev 1) [2013] UKUT 319 (IAC) (From Upper Tribunal (Immigration and Asylum Chamber).

MN and others (Ahmadis - country conditions - risk) Pakistan CG [2012] UKUT 389 (IAC) (14 November 2012) UKUT 00389 (IAC) (From Upper Tribunal (Immigration and Asylum Chamber).

EM and others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC)

Children / Young Adults / Immigration

Senthuran [2004] 4 All ER 365, [2004] EWCA Civ 950

Jegatheeswaran, R (on the application of) v Secretary of State for the Home Department [2005] EWHC 1131

NA (Iran) v Secretary of State for the Home Department [2011] EWCA Civ 1172 (18 October 2011)

PT (Sri Lanka) v Secretary of State for the Home Department [2010] EWCA Civ 251 (16 February 2010)

IB v SB [2010] EWHC 1989 (Fam); [2010] Fam Law 1269, [2011] 1 FLR 54

S v S & Ors [2008] EWHC 2288 (Fam) (21 August 2008); [2009] 1 FLR 241, [2009] 2 FCR 415, [2009] Fam Law 19

Sivapalan & Anor, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2955

SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 945 (11 July 2012)

War Crimes / Exclusion

AS (s.55 "exclusion" certificate - process) Sri Lanka [2013] UKUT 571 (IAC)

KJ (Sri Lanka) v Secretary of State for the Home Department [2009] EWCA Civ 292 [2009] Imm AR 674

JS (Sri Lanka), R (on the application of) v Secretary of State for the Home Department (Rev 1) [2010] UKSC 15; [2010] 2 WLR 766; [2010] UKSC 15; [2011] 1 AC 184.

Error of Law

Subesh & Ors v Secretary Of State For Home Department [2004] EWCA Civ 56 (17 March 2004)

Indrakumar v Secretary of State for the Home Department [2003] EWCA Civ 1677 (13 November 2003)

MK & Ors (Siera Leone) v Secretary of state for the Home Department [2010] EWCA Civ 1369 (09 November 2010)

Kariharan & Anor, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 615 (15 April 2002)

Asylum / Confidentiality

ABC, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2825 (Admin)

KS, R (on the application of) (FCJR) [2013] UKUT 341 (IAC) (23 July 2013)

Shanmuganathan, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 129

Criminal Deportation

BK (Deportation s 33 "exception" UKBA 2007 public interest) Ghana [2010] UKUT 328 (IAC) (15 September 2010); [2011] Imm AR 109.

Gnayoro v Secretary of State for the Home Department [2013] EWCA Civ 288 (28 February 2013)

Princely, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 3095

Procedure

Jeyapragash, R (on the application of) v Immigration Appeal Tribunal [2004] EWCA Civ 1260, [2005] 1 All ER 412

Meaning of Persecution

Katrinak v Secretary Of State For Home Department [2001] EWCA Civ 832; [2001] 3 FCR 367; [2001] Fam Law 726; [2001] INLR 499

Fresh Claims

WM (DRC) v Secretary of State for the Home Department [2006] EWCA Civ 1495 (09 November 2006)

TK, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1550

RS, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 688 (05 June 2009)

Education / Exclusion

A, R (on the application of) v Independent Appeal Panel for London Borough of Sutton & Ors [2009] EWHC 1223 (Admin); [2009] ELR 321

Intervention

KV (scarring - medical evidence) Sri Lanka [2014] UKUT 230 (IAC). Acted for intervener Helen Bamber Foundation (reported).

MP and NT v SSHD [2014] EWCA Civ 829.  Acted for intervener Tamils against Genocide.

Publications and Training

Prioritising children’s best interests. Solicitors Journal (with Amanda Walker) 21 June 2013.

LSE Department of Law and Tamils Against Genocide present a screening of:'No Fire Zone: The Killing Fields of Sri Lanka'. Panel: Callum Macrae (NoFireZone Director); Shivani Jegarajah (Renaissance Chambers); Janani Jananayagam (founding Director of Tamils Against Genocide); Chair Dr Devika Hovell (LSE Department of Law)

Safeguarding Children from Abroad Local Authority duties of care London - 2 July 2013 CLT

The second phase of the Permanent People's Tribunal (PPT) on Sri Lanka held in Bremen, Germany from the 7th-10th of December 2013.Invited to address the Panel.

Connecting Victims and Witnesses of International Crimes to National Criminal Justice Authorities: Cooperation and Assistance to Support Investigations and Prosecutions in National Courts 28 October 2013, The Hague.Crimes under international law arising in immigration and asylum contexts Chair: Dave Hollings-Tennant, United Kingdom Home Office The use of evidence of international crimes in asylum and immigration contexts. Legal representation of victims of international crimes in asylum and immigration contexts: challenges of cooperation with criminal justice authorities

8th October 2013 Speaker before the All Party Parliamentary Group for Tamils, held a forum on genocide at Porticullis House.

Qualifications

BA (Hons) History London School of Economics and Political Science

News about Shivani Jegarajah

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