Eric Fripp

 

Year of Call: 1994

Practice Group(s): Immigration, Public & Regulatory

Portrait of Eric Fripp

Education:
University of St. Andrews, MA (History)
University of London, LLM (Jurisprudence)
University of London (King’s College London), MA (Medical Law and Ethics)
University of London (London School of Economics), LLM (Human Rights/Public International Law)

Practice Profile:
Eric Fripp has appeared in many leading cases concerning refugees, human rights, and immigration (including business immigration). He is noted for his thoroughness and skill as an advocate across these areas and for the breadth of his supporting interests in legal and political philosophy and history. Eric Fripp is recognised as a particular authority on nationality and statelessness and their interaction with the Refugee Convention 1951 and other protective instruments. He has a particular commitment to the clear exposition of complex legal issues.

Notable Cases:

Superior Courts in UK/ European Court of Human Rights:

Emil Huseynov v Azerbaijan (European Court of Human Rights appn 1/2016)- outstanding application concerning Azerbaijani journalist and human rights activist who sought diplomatic asylum in Swiss Embassy and was permitted to leave Azerbaijani territory for Switzerland only after signing a purported renunciation of nationality- Eric Fripp instructed to provide Written Submissions for amicus Institute on Statelessness and Inclusion - available at:
http://institutesi.org/Huseynov-Azerbaijan-ISI_amicus.pdf;

WA (Pakistan) v SSHD [2019] EWCA Civ 302 (important appeal on freedom of religion and belief and refugee status, including application of the 'right to live freely' in a protected identity per HJ (Iran) v SSHD; HT (Cameroon) v SSHD [2010] UKSC 31; [2011] 1 AC 596- the Court held that the UT(IAC) erred in its MN and others (Ahmadis - country conditions - risk) Pakistan CG [2012] UKUT 389 (IAC) country guidance by imposing illegitimate restriction on refugee definition);

SE (Zimbabwe) v SSHD [2014] EWCA Civ 256; [2014] Imm AR 855 (conclusion of Court in SS (Nigeria) v SSHD [2013] EWCA Civ 550 attaching 'great weight' to government policy embodied in legislation may go beyond supporting authority);

R (otao ST (Eritrea)) v SSHD [2012] UKSC 12; [2012] 2 AC 135 (effect of article 32 Refugee Convention re expulsion of refugee after successful appeal);

Quila & Anor, R (on the application of) v SSHD [2011] UKSC 45; [2012] 1 AC 621 (Successful challenge to SSHD changes to Immigration Rules raising age at which marriage gave rise to entitlement to leave to enter/remain unlawful as disproportionate breach of article 8 ECHR read with art 12 ECHR);

R (otao QB by her litigation friend MB) v SSHD [2010] EWHC 483 (Admin); [2010] All ER (D) 134 (Apr) (SSHD's policy for considering fee remission applications in compassionate and article 8 ECHR cases unlawful);

Ghai, R (on the application of) v Newcastle City Council & Ors [2010] EWCA Civ 59; [2011] 1 QB 591 (application of articles 8/9 ECHR to disposal of human remains by open air cremation motivated by religion or belief);

MA (Ethiopia) v SSHD [2009] EWCA Civ 289; [2010] INLR 1 (Tribunal erred in law by asking how claimant would be treated if returned to country of former nationality, not whether she faced exclusion which prevented her return and gave rise to valid persecution claim);

R (de Oliveira) v SSHD [2009] EWHC 347 (Admin); [2009] All ER (D) 238 (Feb) (successful challenge to Home Office construction of phrase 'course of study' in relation to immigration applications by students);

EB (Ethiopia) v SSHD [2007] EWCA Civ 809; [2009] QB 1, (Refugee Convention covers adverse measures including, where a Convention reason arises, arbitrary deprivation of nationality and attached rights of protection and/or return);

VNM v SSHD [2006] EWCA Civ 47; [2006] All ER (D) 242 (Jan) (adjudication of reasonableness of internal relocation requires attention to the practicability of presenting a false history and explanation for displacement and consideration of ability to sustain reasonable life on a false basis beyond the short term);

Hysi v SSHD [2005] EWCA Civ 711; [2005] INLR 602 (requirement of concealment of important features of identity as a condition of internal relocation renders such relocation unreasonable);

Djebbar v SSHD (a.k.a. LD(Algeria) v SSHD)) [2004] EWCA Civ 804; [2004] INLR 466; [2004] Imm AR 497 (application of guidance concerning treatment of previous determinations requires flexibility and exercise of independent judgment by later appellate fact-finder);

R (otao Asif Javed) v. SSHD [2002] EWCA Civ 789; [2002] QB 129, [2001] Imm AR 529 (Court upheld quashing as unlawful of statutory instrument designating Pakistan as a country in which in general no serious risk of persecution said to exist; Bill of Rights 1689 did not prevent Court's intervention in designation contained in subsidiary legislation);

R v. IAT ex p Walteros-Castenada (unreported, C/O 2383/99, High Court 27 June 2000) (Refugee Convention covers fear of persecution of Colombian trade unionists as members of 'social group').

Select Tribunal Cases:

KB & AH (credibility-structured approach: Pakistan) [2017] UKUT 491 (IAC) (Important observations endorsing requirement for structured approach to credibility within refugee status adjudication);

Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 45 (IAC); [2013] INLR 733, [2013] Imm AR 453 (Changes to the Immigration Rules incorporating standards for grant of leave to remain on the basis of article 8 European Convention on Human Rights and Fundamental Freedoms did not impose a presumption that those standards would be conclusive of decisions or remove the requirement for a 'fact sensitive' enquiry in which the conclusion under the Rules 'may often' have little bearing on the judicial assessment of proportionality);

ST (Ethnic Eritrean- nationality- return) Ethiopia CG [2011] UKUT 00252 (IAC) (important UT guidance re deprivation of nationality of resident in Ethiopia from 1998, reversing a decade of less complete and affirmative guidance);

VM (FGM-risks-Mungiki-Kikuyu/Gikuyu) Kenya CG [2008] UKAIT 00049 (AIT country guidance re Refugee Convention and article 3 ECHR risk to Kenyan women sought by Mungiki sect).

Further Professional Information:

Eric Fripp has been repeatedly cited as a Leading Junior in the Chambers and Partners UK Bar Directory:-


He has also been cited as Leading Junior in the Legal 500 UK Bar Directory as follows:-



He is cited under Immigration Law in all recent editions of The Best Lawyers in the United Kingdom.

Membership:
Eric is a member of the Constitutional and Administrative Law Bar Association (ALBA), the Immigration Law Practitioners’ Association (ILPA), the British Institute of International and Comparative Law (BIICL), the European Society of International Law (ESIL-SEDI), the International Law Association (British Branch), the Human Rights Lawyers Association (HRLA), JUSTICE, and the Royal Institute of International Affairs (at Chatham House). He is an Associate Member of the European Network on Statelessness.

Languages:
Some French

Interests:
Since late 2018 Eric Fripp has been a Visiting Research Fellow in the Refugee Law Initiative, School of Advanced Study, University of London.

Eric Fripp reads widely when time permits, in history (generally ancient and early modern), literature, philosophy (primarily moral and political philosophy and philosophy of law), and legal and political theory.

Publications:

Books:

The Law and Practice of Expulsion and Exclusion from the United Kingdom (General Editor, with Rowena Moffatt and Ellis Wilford, deputy editors) (Hart, 2014)
(http://www.bloomsburyprofessional.com/uk/the-law-and-practice-of-expulsion-and-exclusion-from-the-united-kingdom-9781782255499/)

Nationality and Statelessness in the International Law of Refugee Status (Hart, 2016)
(http://www.bloomsburyprofessional.com/uk/nationality-and-statelessness-in-the-international-law-of-refugee-status-9781782259213/)

Article in edited volume:

'Inclusion of Refugees from Armed Conflict: Combatants and Ex-combatants' in Refuge from Inhumanity: war refugees and international humanitarian law, David Cantor and Jean-Francois Durieux, eds, Brill/Nijhoff, Leiden, 2014.
(http://www.brill.com/products/book/refuge-inhumanity-war-refugees-and-international-humanitarian-law)

Journal articles:

The Child in International Refugee Law (review), 30 International Journal of Refugee Law (2018) 30(2), 396–401;

Deprivation of Nationality, 'The Country of His Nationality' in Article 1A(2) of the Refugee Convention, and Non-Recognition in International Law, International Journal of Refugee Law (2016) 28(3), 453-479,

Deprivation of Nationality and Public International Law – An Outline (2014) 28 Journal of Immigration, Asylum, and Nationality Law, No 4, 367-384.

International Humanitarian Law and the Interpretation of 'Persecution' in Article 1A(2) CSR51, International Journal of Refugee Law (2014) 26(3), 382-403,

Conducive Deprivation of British Citizenship Status and Statelessness: Further Problems (2013) 27 Journal of Immigration, Asylum, and Nationality Law, No 4, 315-330.

Other:

Global Statelessness Forum, the Hague, Sept 2014- UNHCR/Tilburg University/International Court of Justice: The establishment of denationalisation as 'persecution', for purposes of the 1951 Convention relating to the Status of Refugees, in the United Kingdom: the extent of current recognition and subsisting questions;

High Level Expert Conference, All Souls', Oxford Feb 2013- Refugee Studies Centre Oxford & Refugee Law Initiative London with UNHCR 'Refuge from inhumanity- Enriching refugee protection standards through recourse to international humanitarian law', paper Inclusion of War Refugees, Combatants and Ex-combatants, and Child Soldiers.