S. Chelvan

S. Chelvan has a public law practice with particular emphasis on immigration and asylum law. He has a particular expertise in cases involving sexual and gender identity having been instructed in a number of high profile cases which have sought to develop the law in this area. In December 2008, Chelvan’s work relating to LGBT asylum law was recognised by his being shortlisted in the final three for the Legal Aid Barrister of the Year award at the Legal Aid Lawyers’ Awards 2008. He acts as a trainer or legal consultant to a variety of organisations including the Asylum and Immigration Tribunal (Taylor House), the UK Lesbian and Gay Immigration Group, Immigration Law Practitioners’ Association, Stonewall and ILGA-Europe. Chelvan is additionally enrolled on the part-time M/DPhil in Law programme at King’s College London, where he is researching and writing a thesis on the legal approach to LGBT asylum claims.

Chelvan’s passion and commitment to social justice is reflected in him being instructed in other test case litigation, which includes challenging the Secretary of State’s policy in deporting foreign nationals on the basis of allegations which were not proved, or prosecuted, in the criminal courts

Chambers & Partners – Immigration:

Chelvan has “immense expertise” and, “the very welcome knack of putting vulnerable clients at ease.” (2010, Band 2). “You can rely on him to work exceptionally hard and more importantly, highly effectively.” (2009 edn.). “Lawyers agree that he is “leading the way in relation to [sexual orientation and gender identity] claims in this area” (2008 edn). Chelvan is referred to as having an “expansive knowledge of the law” and being “an extremely principled man”, who “always demands and strives for the highest standards of fairness and goes that extra mile for the client” (2007 edn.).

Legal 500 – Immigration:

Chelvan “is renowned for his expertise in gender identity and sexual orientation cases” (2009/10). S. Chelvan’s (with others) record cases with a strong human rights element (2007/08), his “immigration experience” in successful “sexual and gender identity” claims (2008/09).

In November 2009 Chelvan was profiled in the “News and Trail Blazers” section of the Black Law Directory 2009 which profiles leading black lawyers.

Immigration:

NR (Jamaica) v SSHD [2009] EWCA Civ 856 (sexual identity is current sexual identity and is not predicated on teenage sexual experimentation)

R (V) v AIT [2009] EWHC 1902 (Admin), led by Geoffrey Robertson QC (judicial review challenge to Tribunal’s preliminary decision allowing SSHD to rely on redacted evidence, and other hearsay evidence, from anonymous witnesses in a deportation hearing where this evidence did not lead to conviction in criminal proceedings).

HJ (Iran) and HT (Cameroon) v SSHD [2009] EWCA Civ 172; Times April 8 2009, led by Raza Hussain for HT (challenge to Tribunal’s finding that discretion will be reasonably tolerable where there had been a positive finding of past-persecution by state and non-state agents on the grounds of sexual identity as a gay man).

JM (homosexuality: risk) Uganda CG [2008] UKAIT 00065 (country guidance case assessing risk to gay men in Uganda – currently before the Court of Appeal with OO (Sudan) on 18^th November 2009).

RG (Colombia) v SSHD [2006] EWCA Civ 57; [2006] Imm AR 297 (finding that as the Appellant had been able to be discrete without coming to the attention of vigilante death squads whilst in Colombia, the Tribunal’s finding that he can be returned to Colombia was not unlawful – case currently at Stage-Two reconsideration hearing following successful fresh claim litigation).

DW (Homosexual Men – Persecution – Sufficiency of Protection) Jamaica CG[2005] UKAIT 00168 (country guidance case which accepted that those who are gay or perceived to be gay in Jamaica are in general refugees – this is still current case law on the situation for gay men from Jamaica).

General Public Law:

Penny Norma Davies v. Secretary of State for Work and Pensions(CSP 503/07) (Social Security Commissioners) (March 2008) (striking down of non-retrospective section of the Gender Recognition Act 2004 as being incompatible with the European Social Security Equal Treatment Directive (79/7/EEC) as it did not provide payment of pension for male-to-female transsexuals who turned 60 prior to April 2005 - instructed by Herbert Smith LLP on a pro-bono basis through Law Works - legal teams short-listed for team award for Law Works Awards 2008 and ranked in the Standout category in Dispute Resolution for the Financial Times Innovative Lawyers 2008).

Major Scholar - Inner Temple (1998) & Kennedy Memorial Trust Scholar – UK equivalent to Rhodes (2000)

Equality and Diversity Committee, General Council of the Bar (2008-to date)

Joint Council for the Welfare of Immigrants, Trustee and Director (2007-to date)

UK Lesbian and Gay Immigration Group, Secretary and Trustee (2005-to date)

Chelvan is also a member of the Bar Pro Bono Unit (Panel Member), ILPA, Foreign National Prisoners Network, Lawyers for Liberty, Advocacy for Lesbian and Gay Rights Internationally (ALEGRI) and the Bar Lesbian and Gay Group (Co-Chair 2004-05).