Raphael Jesurum

 

Year of Call: 2006

Practice Group(s): Immigration, Public & Regulatory

Portrait of Raphael Jesurum

Practice Profile:
Raphael practices in asylum & immigration, criminal law and extradition.

Raphael practises in asylum, immigration and nationality law. He appears regularly in the Upper Tribunal, the Administrative Court and the Court of Appeal.

Raphael accepts instructions from law firms and members of the public ("direct access"). He has been praised by instructing solicitors as dedicated and willing to go the extra mile for clients. His advocacy has been described as "exemplary".

Raphael advises and appears in:

- Judicial review (eg fresh claims, certification, procedural fairness claims, ETS etc)
- Business Migration (Tier 1 entrepreneur, Tier 2)
- Family reunion (Article 8, Appendix FM)
- Asylum (including Afghanistan, Syria, Libya, Iran, Pakistan, Sri Lanka, China, Eritrea)
- Deportation (including "Nexus" appeals)
- Unlawful detention and false imprisonment
- European Union law (Residence Cards, sham marriage allegations, Ankara applications)
- Nationality law (British citizenship: registration, naturalisation and revocation)

Raphael's main interest is strategic litigation: working in partnership with solicitors to identify new legal points, training caseworkers to spot them, and advising early in order to test the issues on appeal. The aim is to build cases with overwhelmingly strong evidence, and develop arguments to test and change the law.

An example is the successful campaign to secure settlement rights for the children of Gurkha veterans: working closely with Howe & Co. Solicitors, Raphael developed a case preparation template based on causation and historic injustice, and developed the arguments (adopted by the other parties) which were accepted by the Court of Appeal in R (Gurung) v SSHD [2013] 1 WLR 2546. The Upper Tribunal then developed the case law further, recognising that historic injustice will "normally require" a decision in an appellant's favour (Ghising and others (Ghurkhas/ BOCs- historic wrong- weight) [2013] UKUT 567 (IAC)).
As a result, the Home Office modified its policy.

Notable Cases:
AM (Russia) v SSHD C5/2014/3307 (pending, Court of Appeal) - the extent of Surinder Singh rights: whether reg.9 of the Immigration (European Economic Area) Regulations 2006 is compatible with EU law in requiring a returning British citizen to have been a worker or self-employed, and to have married during residence in another member state.

RK (Burundi) v SSHD [2015] EWCA Civ 126 (pending, Court of Appeal). Led by Anthony Metzer QC, the case will examine whether detention under the Hardial Singh principles can be lawful if the detainer lacks subjective belief in the possibility of removal, but a court finds that detention was objectively justified.

R (Kerung) v Upper Tribunal CO/3856/2014 - successful "Cart" JR of refusal of permission by Upper Tribunal on procedural fairness grounds (First Tier judge taking point never raised by Respondent);

R (Magar) v UT CO/4170/2014 - successful "Cart" JR of refusal of permission on important point of principle (whether historic injustice is relevant to Art. 8 private life)

R (Gurung) v UT CO/1638/2014 - successful "Cart" JR of refusal of permission on compelling reason - clear error of law

Other Cases:

CRIME

R (B) v Brent Youth Court [2010] EWHC 1893 (Admin); [2010] All ER (D) (Jul); LTL 11/8/2010 - cited in Blackstones at D7.48, D7.49 and D23.6 - the leading recent case on the right to repeated bail applications and the requirement to take into account the welfare of young persons.
R v Rhodes (Tony) [2010] EWCA Crim 796; [2010] All ER (D) 124 (Jan) - whether lesser sentence must be considered before an indeterminate sentence.
R v Dean Atkins - murder trial turning on facial mapping evidence
R v ME - Boy of 13 charged with murder:
Evening Standard: LINK
BBC: LINK

EXTRADITION

Gradica v Italy [2009] EWHC 2846 (Admin); [2009] All ER (D) 121 (Nov); LTL 11/11/2009 - whether s.20(8) of the Extradition Act 2003 and Article 6 guarantee right to call witnesses at retrial.
Preiss v Latvia [2011] EWHC 316 (Admin); [2011] All ER (D) 155 (Mar) - Whether Articles 19(2) and 47 of the EU Charter of Fundamental Rights require time limits for appeal against extradition to be set aside
Lorencas v Deputy Prosecutor General Lithuania [2011] EWHC 2941(Admin) - warrant discharged for breach of Art 6 trial within reasonable time.

Further Professional Information:
Before coming to the bar, Raphael was a successful broadcaster and foreign correspondent, working for the BBC and other international news outlets. He reported on the genocide in Rwanda in 1994, the Albanian uprising in 1997 and separatist violence in Macedonia.

Membership:
Administrative Law Bar Association (ALBA)
Immigration Law Practitioners Association (ILPA)

Languages:
Italian (fluent), some French and Spanish.