by on Michael West
Michael is a specialist public law, human rights and immigration/asylum barrister. He frequently appears in appeals against decisions of the Secretary of State for the Home Department before the First-Tier Tribunal and Upper Tribunal, Immigration and Asylum Chambers, and in Judicial Reviews in the Administrative Court. Michael has also successfully appeared on a number of occasions in the Court of Appeal where he has a growing practice. Michael also appears in SIAC in national security cases.
Michael has a busy Judicial Review practice and is also experienced in administrative review challenges against decisions of the Secretary of State.
Michael has particular expertise in refugee and human rights claims, deprivation of citizenship cases, Tier, 1,2 & 4 and points-based system cases, European Economic Area applications, deportations, trafficking claims, immigration bail, interim relief applications, entry clearance appeals, and unaccompanied asylum seeking minor and asylum support cases.
Prior to joining Chambers, Michael spent a significant period of time working for specialist civil liberties and human rights law firm, Birnberg Peirce Limited, as a Caseworker in their civil and public law department.
Michael is committed to utilising his skills to benefit his community and has worked pro bono completing internships at both the Prisoners’ Advice Service and the Bar Pro Bono Unit as well as frequently undertaking immigration bail hearings for Bail for Immigration Detainees (BiD).
Additional areas of specialism
- Administrative Law & Human Rights
- Judicial Review
Professional experience
Immigration, Human Rights & Asylum
Michael has a solely appellant based practice and has appeared with success in the First-tier and Upper Tribunals, the High Court, and the Court of Appeal.
Michael acts in all areas of immigration and asylum law, including: under the European Convention on Human Rights; under The 1951 Refugee Convention / international protection; deportation appeals; immigration detention and bail; points-based system cases (Tier 1, Tier 2 and Tier 4); entry clearance; and cases involving European Economic Area law.
Michael is frequently instructed in asylum / international protection cases involving persons fleeing gender-based harm or who fear persecution due to sexual orientation or gender identity.
Michael regularly undertakes public law work including judicial review challenges to: certification of human rights and protection claims; adverse decisions on fresh claims; British Nationality cases; points-based system cases; and removal and deportation decisions.
Recent or notable cases
- Rana v The First-tier Tribunal (IAC) & Anor.[2024] EWCA Civ 1211
Oral permission hearing before Dingemans LJ, Baker LJ and Laing LJ, representing the appellant in the Court of Appeal (Civil Division). An appeal against the decision of UTJ Owens refusing permission in a JR of a decision by the FTT(IAC) declining jurisdiction in a paragraph 353 case. The appeal concerned whether the reported UT(IAC) decision in Sheidu was correctly decided in light of the Supreme Court decision in Robinson.
- Tanjina Siddiqa & Ors. v The Entry Clearance Officer [2024] EWCA Civ 248
Substantive appeal before Dingemans LJ, Laing LJ and Baker LJ, representing the appellant in the Court of Appeal (Civil Division) led by Michael Biggs. Appeal against the reported UT decision of Hill J. and UTJ Kebede in Siddiqa (other family members, EU Exit) [2023] UKUT 00047 (IAC). Independent Monitoring Authority and AIRE centre amongst others intervening. The appeal concerned the correct interpretation and application of the Brexit Withdrawal Agreement.
- Begum (Remaking or remittal) [2023] UKUT 00046 (IAC)
Reported decision of a Presidential Panel in the Upper Tribunal (IAC) (Dove J. sitting with Ockleton, VP) successfully setting aside a dismissed appeal in the First-tier Tribunal where the Immigration Judge below had failed to consider evidence despite that evidence having been properly served.
- Alaian, R (on the application of) v Secretary of State for the Home Department [2022] EWHC 3012 (Admin)
Substantive JR in the High Court concerning the “good character” requirement under section 6 and Schedule 1 to the British Nationality Act 1981 in the case of two former members of the Ba’ath Party.
- The Entry Clearance Officer v Ahmed & Ors. UI-2022-002804
Unreported decision of the Upper Tribunal upheld and endorsed in the judgment of Dingemans LJ in the Court of Appeal at [37] and [67] – [68] of Tanjina Siddiqa & Ors. v The Entry Clearance Officer [2024] EWCA Civ 248 where at [67] the Court held that [i]n domestic law, if an application has purportedly been made under the EUSS family permit scheme when it is, as a matter of fact, another application it can be treated as such, compare ECO v Ahmed.
- R(on the application of Douglas Lweyunga) v Secretary of State for the Home Department JR-LON-2021-000090
Successful substantive Judicial Review led by Michael Biggs in which the Upper Tribunal quashed the decision of the Resident Judge of the First-tier Tribunal setting aside the appellant’s allowed appeal under rule 32 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.
- Hushan Uddin, R (on the application of) v HM Passport Office CO/2264/2021
Successful substantive JR in the High Court before HHJ Coe QC in a precedent fact JR where the respondent had disputed the paternity for the Claimant.
- ESC (Gambia) v Secretary of State for the Home Department C5/2021/1315
Oral permission hearing in the Court of Appeal (Civil Division) before Lewis LJ after four previously dismissed first instance hearings. Gambian political asylum / protection appeal.
- Akter (appellante jurisdiction; E and R challenges) [2021] UKUT 00272 (IAC)
Reported decision of a Presidential Panel in the Upper Tribunal (IAC) concerning the Ladd and Marshall principles and challenges in respect of E & R.
- Runa v Secretary of State for the Home Department [2020] EWCA Civ 514,
Substantive hearing in the Court of Appeal (Civil Division) before Singh LJ, Baker LJ and Mr Justice Cobb, appearing as junior counsel led by Michael Biggs. The appeal concerned the proper approach to the interpretation and construction of section 117B(6) of the Nationality, Immigration and Asylum Act 2002. The appellant’s appeal was allowed and the appeal was remitted to the First-tier Tribunal.
- Babul, R (on the application of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor. CO/3505/2020
Permission granted by Foster J. in a Cart JR in the High Court of the refusal of permission to appeal by the Upper Tribunal (IAC) in a case concerning a British child and section 117B(6) of the NIAA 2002.
- MR (Bangladesh) v Secretary of State for the Home Department C5/2018/0676,
Permission to appeal granted at an inter partes hearing by Underhill LJ in the Court of Appeal (Civil Division). The appeal concerned the interpretation of the ‘real world’ context (as referred to in the Supreme Court judgment in KO (Nigeria)) within which the reasonableness assessment under section 117B(6) of the Nationality, Immigration and Asylum Act 2002 is to be conducted. The matter was remitted to the FTT after the SSHD conceded the appeal.
- RB (Bangladesh) v Secretary of State for the Home Department C5/2018/0957,
Permission to appeal granted on the papers by Singh LJ in the Court of Appeal (Civil Division) in a case concerning the ‘second appeals’ test. Permission on all grounds granted including a challenge to the construction of section 117B(6) and to the reasonableness of British citizen children having to either live in Bangladesh or with their sole British parent in the UK. The matter was remitted back to the Upper Tribunal and the appeal allowed by Upper Tribunal Judge Kebede.
- KP (Pakistan) & Anor. v Secretary of State for the Home Department [2018] EWCA Civ 1722,
Successful application for oral renewal of permission to appeal, appearing before Irwin LJ in the Court of Appeal (Civil Division), concerning the degree of evidential flexibility obliged to be applied by the Secretary of State in addressing deficiencies in documentation under the points-based system in light of paragraph 245AA of the Rules, the different policy guidance, and the Supreme Court case of Mandalia.
- R (on the application of Lucky Begum) v Secretary of State for the Home Department CO/2229/2018,
Successful application in the High Court for oral renewal of permission to bring judicial review challenging a decision of the Secretary of State under the British Nationality Act 1981 by reference to section 4 and the Schedule to The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006, where paternity of the father of the applicant and the veracity of birth certificates were in issue.
Education
- 2004-2008 – University of Bristol (French BA Hons, 2:1)
- 2009-2010 – University of Law (GDL, Commendation)
- 2010-2011 – University of Law (BPTC, Very Competent)
Languages
Michael is proficient in French and German and has studied at both the University of Paris, La Sorbonne and at the Johannes Gutenburg University in Mainz.
Personal interests
Outside of work Michael takes a keen interest in sport and regularly plays competitive football.
In his spare time Michael also enjoys travelling and has visited much of Europe, South East Asia and North America.
Michael lives in North London with his partner and their cat, Storm
