Hafsah Masood

Hafsah Masood

Profile

Hafsah advises and acts in a range of civil and public law matters with particular expertise in the following:

Immigration and Asylum

Hafsah has significant experience in immigration and asylum matters, and appears in the Court of Appeal, Administrative Court and Upper Tribunal in judicial review claims and appeals.

She has experience in a wide range of areas including refugee law, human trafficking, human rights claims, the Dublin III Regulation, unlawful detention/false imprisonment, deportation, and cases concerning the points based system.

Some recent examples:

SB (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 160: appeal concerning the First-tier Tribunal’s approach to evidence and assessment of credibility in an asylum appeal.

R (JS and Others) v Secretary of State for the Home Department (litigation friend – child) [2019] UKUT 64: guidance case on the Upper Tribunal’s power to appoint a litigation friend for child litigants in judicial review proceedings.

R (Omaththage) v Secretary of State for the Home Department [2019] UKUT (IAC): judicial review challenge to the refusal of a Tier 1 application on the basis that the applicant had been dishonest in relation to his tax affairs.

R (MS) v Secretary of State for the Home Department (2019) – judicial review claim concerning the extent of the state’s duty under the EU trafficking directive to support a victim of human trafficking during criminal proceedings.

MS (Bangladesh) v Secretary of State for the Home Department [2018] EWCA Civ 1258: appeal concerning the First-tier Tribunal’s assessment of risk in an asylum claim by a Christian convert.

R (HA & Others) v Secretary of State for the Home Department (Dublin III; Articles 9 and 17.2) [2018] UKUT 297: judicial review claim challenging the UK’s refusal to accept a take charge request made under the humanitarian clause in the Dublin III Regulation.

R (Hussein & Rehman) v Secretary of State for the Home Department [2018] EWHC 213 (Admin): judicial review claim by detainees about the conditions at Brook House Immigration Removal Centre, which they argued infringed their rights under Articles 3, 8 and 9 of the ECHR and indirectly discriminated against Muslim detainees (led by Thomas Roe QC).

R (Sevak) v Secretary of State for the Home Department [2018] UKUT (IAC): judicial review claim concerning the evidential flexibility provisions in the Immigration Rules.

R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) – judicial review claim challenging a certification under the Immigration (EEA) Regulations 2006, unlawful detention, and the failure to provide s.4 bail accommodation to an EEA national.

Privy Council and Commonwealth

Hafsah has experience of Commonwealth constitutional and public law. As well as advising in claims and appeals in a number of jurisdictions in the Caribbean, she advises and appears in appeals before the Privy Council.

Some examples:

The Mauritius Shipping Corporation Ltd v the Employment Relations Tribunal & Others (2019): sole counsel in an appeal in the Privy Council from Mauritius in respect of a decision by the Employment Relations Tribunal about a large scale reduction of workforce by a government owned entity.

Smart & Others v the Judicial and Legal Service Commission (2019): junior counsel for the state in an appeal from Trinidad and Tobago arising from a judicial review claim by public sector employees about the legislative scheme governing the appointment of legal office holders (led by Howard Stevens QC).

McLeod v The Queen [2017] UKPC 1: sole counsel in an appeal from Jamaica about whether defence counsel had failed to perform his duties to such an extent that the accused had a suffered a denial of due process.

Maharaj v Prime Minister of Trinidad and Tobago [2016] UKPC 37: junior counsel for the state in an appeal from Trinidad and Tobago by a former judge seeking constitutional damages, having won his judicial review claim challenging Cabinet’s refusal to re-appoint him for a further term because of allegations in relation to his competence (led by Thomas Roe QC).

Other International Law, Jurisdiction and Conflict of Laws

Hafsah advises on conflicts of laws and jurisdiction issues arising out of commercial and other disputes, and has good knowledge of the main EU instruments on jurisdiction and applicable law as well as the Service Regulation. She has experience of travel litigation, including claims under the Package Travel Regulations and the Athens and Montreal Conventions.

Employment and Discrimination

Hafsah’s employment practice encompasses all aspects of employment law, including discrimination claims, with experience of multi-day hearings for both claimants and respondents.

Hafsah is the co-author of the practitioner text The Protections for Religious Rights: Law and Practice (OUP, 2013) which includes a comprehensive review of the protections for religious rights in the employment context, and an examination of relevant provisions of the Equality Act 2010 and other applicable domestic and international instruments.

Publications

The Judicial Committee of the Privy Council: Contribution to Judicial Review and Public Law (2018) Judicial Review 65-82

Further Information

Hafsah is on the Attorney General’s C Panel of Junior Counsel.

Background

Before coming to the Bar, Hafsah spent two years at the Law Commission as a research assistant in the public law team working principally on the project Administrative Redress: Public Bodies and the Citizen, which entailed a comprehensive review of the private and public law remedies available against public authorities. After her time at the Law Commission and before commencing pupillage in 2009, Hafsah spent two terms as a judicial assistant to the then Lord Justice Dyson in the Court of Appeal.

Qualifications

BA (Law), Worcester College, University of Oxford
LLM in International Law (Distinction), London School of Economics 

Languages

Urdu and Punjabi.