Simon Canter
BA (Hons), Barrister
Called to the Bar: 2000
Direct Public Access Accredited
Education
BA (Hons), Politics, University of Sussex
Profile
Simon specialises in Immigration and Asylum law and is regularly instructed to appear at courts ranging from the First Tier of the Tribunal to the Court of Appeal. He also advises and provides representation in immigration related Judicial Review matters. The advent of Direct Access has also enabled Simon to begin assisting clients with applications to the UKBA.
Simon is an Adjudicator for the Legal Services Commission’s Specialist Immigration Funding Review Committee. He is also a member of the Immigration Law Practitioners Association (ILPA). Previously Simon worked as legal research officer at the Campaign for Freedom of Information.
Practice
Simon’s has built up considerable experience within the Tribunal representing clients where the following issues are involved: marriage (civil and unmarried partners), children, long residence, the Points Based System (Tiers 1, 2 and 4), EEA rights, Ankara Agreement rights, asylum and family reunion, deportation, civil penalties for illegal working and Article 8 of the ECHR.
He has recently been involved in the following cases:
Court of Appeal
Simon represented MA in MA (Pakistan) v Secretary of State for the Home Department [2009] EWCA Civ 953 and successfully argued that the principle established in the case of Chikwamba (appeals ought not to be dismissed on the basis that it would be proportionate for them to apply for leave from abroad) could be extended to a couple where children were not involved.
Administrative Court
Simon argued that further representations together with fresh evidence in an asylum matter did amount to a “fresh claim” and that a UKBA decision to the contrary was unlawful. Permission to judicially review the decision was granted and the Home Office subsequently changed their decision and granted costs to the applicant.
First Tier Tribunal (Immigration and Asylum Chamber)
Simon has achieved success in numerous appeals under the Points Based System (PBS) arguing that UKBA have failed to properly apply the Immigration Rules or have unlawfully elevated the status of their Policy Guidance or have wrongly invoked one of the General Grounds of Refusal contained within the Rules or have not properly considered Human Rights.