Zubier Yazdani

Zubier Yazdani

Background

Zubier Yazdani is a partner at Deighton Pierce Glynn Solicitors. He qualified in 2002 and sits occasionally as a tribunal judge.

Expertise

Zubier is an expert in administrative law, civil liberties and human rights law. He has litigated in courts at all levels and deals with cutting edge litigation for which he is recognised in Chambers & Partners. He is also recommended in the Legal 500. He is a community care and actions against the police legal aid franchise supervisor.

Zubier deals with both public and private law cases. His public law cases are varied but mainly arise out of challenges for his core client group of children, young migrants and victims of trafficking. Zubier has led on the firm’s work on children’s rights and trafficking cases for over 5 years and is a recognised leading individual in the legal community for such work. Zubier has a long standing commitment to social justice. He started his practice with housing and social welfare cases and developed expertise in community care matters. He has dealt with a large number of judicial review applications for age disputed minors and represent the successful appellant in the guideline case of R (FZ) V London Borough of Croydon [2011] EWCA Civ 59. He co-authored a report for the Children’s Commissioner, ‘The Fact of Age’ on the review of the age assessment caselaw and has delivered training for ILPA and the Welsh Strategic Migrant Partnership on age assessment and support for unaccompanied minors.

Zubier has led on developing the firm’s reputation for work for victims of trafficking and encompassing public and private law challenges for such clients. He challenges decisions that fail to recognise clients as victims of trafficking, public authorities’ breach of their investigative duty under Article 4 ECHR and tangential issues that arise from such cases. Zubier works with charities and NGOs such as Kalayaan, the Poppy project, ECPAT UK, the NSPCC, the Refugee Council and the Children’s Society who are either first responders or run a dedicated service for victims of trafficking. Zubier’s cases for victims of trafficking often have a strategic element to them either challenging policy or developing human rights law for this client group.

Public and private law claim arising out of unlawful detention claims also feature in Zubier’s busy practice. He is currently representing the applicant in an application to the European Court of Human Rights challenging fundamental aspects of the UK’s immigration detention regime. He also deals with unlawful detention claims for his unaccompanied minor and trafficked clients.

Sample Cases

Significant cases in which Zubier has acted include:

BO v The Home Office (ongoing) – concerning the scope of the Home Office’s investigative duty for a victim of trafficking..

Ahmed v the UK (ongoing) – ECtHR – challenging to lack of time limits in the UK’s immigration detention regime.

R v (Kondrak) v SSHD [2015] – detention of and restrictions on working after release on an EU national held to be unlawful.

Reyes v Almalki [2015] EWCA Civ 32 – acting for the intervener in an appeal on whether diplomatic immunity affords a defence to a civil claim against a diplomat who has trafficked his domestic worker.

COL v Commissioner of Police for the Metropolis (2014) – public law challenge to the decision discontinue an investigation into the trafficking of a domestic worker by her diplomat employer.

O’Leary v Upper Tribunal & SSWP (2014) – Court of Appeal – successful ‘Cart’ judicial review on the application of fairness for the purposes of ESA paper appeals before the FTT for those with a mental health condition.

OS v SSHD (2014) substantial damages awarded for a detained age disputed minor.

JI v the Home Office (2014) – significant award of damages for an age disputed trafficked child and a challenge to the relevant policy allowing potential victims of trafficking to be detained under the DFT.

R (FZ) v London Borough of Croydon [2011] EWCA Civ 59 – Acting for the successful appellant in the Court of Appeal in an important guideline case on procedural fairness in age assessments and clarifying the test for permission in a challenge to a local authority’s decision on age.

R (KS & Ors) v London Borough of Croydon [2010] EWHC 3391 (Admin) – Instructed by the Official Solicitor for three claimants in a successful test case concerning the provision of education under s.19 of the Education Act 1996.

R (LN) v Secretary of State for Home Department (2010) – Instructed by ECPAT UK to inervene in a case concerned with the scope and applicability of Article 4 ECHR in trafficking cases.