Dr S Chelvan

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  • Asylum
  • Immigration & Nationality
  • Business Immigration
  • Family
  • Direct Access
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  • Awards & Prizes
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Position

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Career

Dr Chelvan’s immigration practice is primarily focussed on deportation cases, procedure and human rights challenges (family life and private life).  He has known as forensic in his approach to litigation, and has also developed a reputation in developing the law with respect to costs applications against the SSHD.

Appointments

(April 2021): Member – Refugee and Asylum Stakeholder Forum for the Independent Chief Inspector of Borders and Immigration;

(April 2021): Stonewall – Panel Member, Strategic Litigation Project;

(April 2021): Member, Ayos/ARC Steering Committee on Disability;

(January 2021): Innner Temple Equality, Diversity and Inclusivity Sub-Committee;

(27 November 2020-):  Advisory Group, Scottish Just Law Centre;

(2020): Member of the Judging panel, National Mediation Awards 2020;

(October 2019-March 2020): Independent reviewer (SOGIE), Independent Advisory Group on Country Information (report published 8 December 2020 – 6 out of 10 recommendations fully accepted by the Home Office, 2 partially accepted);

(March 2019-March 2021): Member of the Government Equalities Office LGBT Advisory Panel;

(since March 2018): International Rights Officer – UK Black Pride;

(since February 2017): Trustee, FREEBAR;

(since 2017): ADVOCATE  (formerly Bar Pro Bono Unit) reviewer (Immigration).  Panel member since 2004;

(2015-2020): Member of Judging panel of the Legal Aid Lawyer of the Year awards (Legal Aid Practitioners’ Group);

(since 2015):  Home Office, National Asylum Stakeholders’ Forum, Equality Sub-group;

(2014-15):  Home Office, LGBT Training Committee, Founding member;

(2010-2011): UK Country Expert and Expert Advisory  Panel, Fleeing Homophobia project (Vu Unversity, Amsterdam); and

(since 2008): Committee member of the Equality Diversity and Social Mobility Committee of the Bar Council.

Business Immigration

Dr Chelvan represents clients at all levels of Tribunal and appellate Courts adopting a forensic and client focussed approach to litigation. He is specifically parachuted into appellate litigation in the Higher Courts where matters previously have been unsuccessfully litigated.

Dr Chelvan is particularly sought after for Direct Access work for clients who wishes to ensure any application is thoroughly prepared with an eye for detail. He is a sought after public speaker and trainer both here in the UK, and internationally.

Direct Access

Dr Chelvan is registered to accept instructions under the Bar Council Direct Acccess Scheme (also known as the Public Access Scheme), where suitable.

In the first instance, please contact his clerk Mark Byrne via email (m.byrne@33bedfordrow.co.uk) or call his clerks on 0207 242 6475. 

Chelvan specialises in assisting those who are in the United Kingdom, and wish to claim asylum or human rights protection.  Chelvan advises in all stages from  registering their claim with the Home Office, to the decision stage on the protection or human rights claim, including atttending the substantive asylum interview.   

Chelvan also accepts instructions, where suitable, on other intial immigration applications, fresh claims, statutory appeals (including the Court of Appeal (e.g. SB and CB (India) (2016)) and judicial review proceedings.

Family

A.  SURROGACY: 

EUROPEAN COURT OF HUMAN RIGHTS:

H v the United Kingdom (Application no. 32185/20).   Article 8 ECHR right of a child to have her biological father (in a same-sex relationship) named on her birth certificate, rather than the husband of her surrogate mother pursuant to sections 35 and 38 of the Human Fertilization and Embryology Act 2008.  Application lodged with the Court in July 2020.  UK to respond to application by June 2021.  Leading Deborah Seitler and Haydee Dijkstal.  Instructed by Colin Rogerson by Dawson Cornwall Solicitors.

B:  INTERPLAY BETWEEN HAGUE CONVENTION AND ASYLUM LAW:

SUPREME COURT & COURT OF APPEAL:

G v G [2021] UKSC 9  (19 March 2021), and G (A Child : Child Abduction) [2020] EWCA Civ 1185 (15 September 2020).  Instructed as asylum expert for Southall Black Sisters (Fourth intervenor, written submissions only).  Protection claim made on entry to the UK by South African lesbian abducting mother with child as dependant.  Returning father applies for return of child to South Africa pursuant to the 1980 Hague Convention.  Procedure and practice guidance provided by the Court of Appeal.  Supreme Court allowed ground of appeal affirming a dependent child is an applicant for asylum , where objectively they raise a claim for asylum.  On this basis there is a bar to implementation of the Hague return order during the application and/or appeal proceess in order to prevent refoulment.  Instructed by Janet Broadley of Goodman Ray Solicitors.

HIGH COURT OF JUSTICE (Family Division):

K (A Child) (Stay of Return Order: Asylum Application) (Contact to a Parent in Self-Isolation) [2020] EWHC 2394 (Fam) (4 September 2020) – asylum claim made after exhaustion of Hague proceedings and just prior to enforcement of return order prevents removal.  Instructed on behalf of returning mother to the Russian Federation with respect to issues relating to asylum.

C:  EXPERT REPORTS – IMMIGRATION ISSUES:

Chelvan has additonally been instructed by those involved in Family proceedings (i.e. parties to the litigation including Local Authorities) to provide expert reports with respect to immigration issues arising in the proceedings.

II – Significant Cases:

A:        SUPREME COURT.

DE-FACTO ADOPTIONS:

AA (Somalia) v Entry Clearance Officer (Addis Ababa) [2013] UKSC 81; [2014] 1 W.L.R. 43 – Led by Manjit Gill QC. Paragraph 352D of the Immigration Rules relating to family reunion of children with parents who have been granted refugee status in the UK covers biological children and de-facto adoptive children who comply with paragraph 309A. The Somali child who has been accepted to have been recognised to have undergone a kafaala under Islamic law, as a result of her father’s death and mother’s disappearance as a result of persecution arising out of civil war do not come under 352D. Appellant’s success under article 8 of the ECHR at first instance provides alternative route for entry to the UK. Supreme Court recommends amendment of Immigration Rules to allow for recognition of parental transfer under kafaala.

B:         COURT OF APPEAL:

POINTS-BASED SYSTEM

Kousar and ors v Secretary of State for the Home Department [2018] EWCA Civ. 2462 (Lindblom, Irwin and Baker)

Leading Alex Cisneros for the Appellant – Court of Appeal held no material error of law in rejecting application of Basnet principle where the error has been in the completion of the application form by the Appellant.

CHILDREN:

AM (Pakistan) v Secretary of State for the Home Department [2017] EWCA Civ. 180

Leading Junior for Respondent in SSHD’s challenge on reliance of parent on 7-year presence of minor children in the United Kingdom as preventing removal (non-deportation proceedings). SSHD’s application for extension-of-time and substantive hearing heard as a rolled-up hearing on 15 March 2017, relying on MM (Uganda) and MA (Pakistan). (Junior: Varsha Jagadesham). Secretary of State’s application for extension-of-time and appeal allowed. Following KO (Nigeria) and ors v SSHD [2018] UKSC 53 (24 October 2018), SSHD’s reliance on MM (Uganda) and MA (Pakistan) was held to be unlawful.

Memberships

(27 November 2020-):  Advisory Group, Scottish Just Law Centre;

(2020): Member of the Judging panel, National Mediation Awards 2020;

(October 2019-March 2020): Independent reviewer (SOGIE), IAGCI;

(March 2019-): Member of the Government Equalities Office LGBT Advisory Panel;

(since March 2018): International Rights Officer – UK Black Pride;

(since February 2017): Trustee, FREEBAR;

(since 2017): ADVOCATE  (formerly Bar Pro Bono Unit) reviewer (Immigration).  Panel member since 2004;

(since 2015): Member of Judging panel of the Legal Aid Lawyer of the Year awards (Legal Aid Practitioners’ Group);

(since 2015):  Home Office, Equality sub-group, National Asylum Stakeholders Forum;

(2014-15):  Home Office, LGBT Training Committee, Founding member;

(2010-2011): UK Country Expert and Expert Advisory  Panel, Fleeing Homophobia project (Vu Unversity, Amsterdam); and

(since 2008): Committee member of the Equality Diversity and Social Mobility Committee of the Bar Council.

Education

Qualifications

(1 June 2019) PhD (Law), King’s College London.

PhD Thesis ‘At the End of the Rainbow: Where Next for the Queer Refugee? Understanding Queer Refugees’ Lives: Moving From Sexual Conduct to Identity in Sexual Orientation/Identity Asylum Cases in England and Wales’.

(2001) LLM, Harvard Law School.  Specialising in International Human Rights law and the Lesbian and Gay Liberation Movement.

(1999) Postgraduate Diploma in Professional Legal Studies (BVC), City University.  Grade: Very Competent.

(1998) BSc (SocSci) Politics and Law (First class), University of Southampton.  Ranked 1 in departmental year-group of 70.

(September 2020) Certificate, Oxford Executive Leadership Programme, Said Business School (University of Oxford). Grade: 97%

 

Awards & Prizes

(2018) Attitude magazine Pride Award.

(2014) Barrister of the Year, Legal Aid Lawyer of the Year awards (LAPG) (see Society Guardian article).  On the Judging panel for the awards 2015-2020.

(2000-2001) Kennedy Memorial Trust Scholar (UK-equivalent of the Rhodes scholarship).  Member of the Interview panel since 2018.

(2000) Summer 2000 award, Visiting Research Fellow, Centre for International Human Rights Law, Northwestern University, Chicago.

(1998), Major scholarship and Duke of Edinburgh exhibition award, Inner Temple.

Shortlisted Finalist and Visibility:

(2021, award ceremony 27 August 2021): Top 10 Outstanding Contributors to LGBT Life – British LGBT Awards.

(2020) Chambers UK Bar awards, Outstanding Contribution to Diversity and Inclusion.

(2017) Barrister of the Year, the Lawyer magazine awards (only non-QC shortlisted).

(2015) Civil lawyer of the Year, Society of Asian Lawyers awards.

(2015) Powerlist – Black Law Directory – ranked in top 34 BAME lawyers in the Directory’s Powerlist;

(2015) Legal Hero – #LegalPride 2015 – the Law Society/Bar Council/CILEX; and

(2015) Independent of Sunday Rainbow List – the 101 most influential LGBTI people in the UK – highest ranked lawyer at number 43 (new entry):

‘Chelvan, a barrister and LGBTI activist, has an international reputation in LGBTI asylum law. He developed a model based on recognising difference, stigma, shame and harm, which is now used routinely in LGBTI asylum cases. It is globally recognised by the UNHCR, governments, NGOs and lawyers’.