Cases
This section is about the main reported Public Law cases in which Arfan has been instructed during his career.
PUBLIC LAW BARRISTER - LONDON
Benkharbouche & Anor v Embassy of the Republic of Sudan & Libya
2015 EWCA Civ 33 (05 February 2015)
The court is required, pursuant to section 2(1) European Communities Act 1972, to disapply sections 4 (2) (b) and 16 (1) (a) SIA, in their application to those parts of the claims which fall within the scope of EU law, and granted a declaration of incompatibility.
Led the 2nd intervention for 4A law.
Reyes & Anor v Al-Malki & Anor
2015 EWCA Civ 32 (05 February 2015)
Diplomat not entitled to immunity for private activity for profit under the Vienna Convention.
Led the 3rd intervention for 4A law.
R (on the Application of) Pamela Geller & Robert Spencer v The Secretary of State for the Home Department
2015 EWCA Civ 45 (05 February 2015)
First time appeal on the legality of the government policy to exclude US nationals.
Appeal to the Supreme Court pending.
PAMELA GELLER & ROBERT SPENCER V SECRETARY OF STATE FOR THE HOME DEPARTMENT
2014
The legality of the government’s policy to exclude foreign nationals/freedom of expression/freedom of association and assembly.
Court of Appeal.
Wokuri v Kassam
2013 Ch 80; [2012] 3 WLR 427; (2012) 109 (20) L.S.G. 26 (Ch); The Times, February 7, 2012
Diplomatic immunity not available.
Sole Counsel for the Claimant.
GW (Netherlands) (EEA Reg 21: Fundamental Interests) sub nom Geert Wilders v Secretary of State
2010 Imm. A.R. 269 (AIT)
The Appellant’s exclusion amounted to a substantial interference with his right to freedom of expression under article 10 of the ECHR, and was contrary to regulation 21 5 (a) of the EEA Regulations 2006.
Appeal allowed. Sole Counsel for the Appellant.
Attorney General of St Lucia & The Judicial Legal Services Commission v Horace Fraser UKPC
2009 2 LRC 26 (PC)
The constitutional legality of a contract to remove a member of the judiciary.
Appeal allowed.
G0 & Others v Secretary of State for the Home Department
2009 I.N.L.R. 16 (CA)
As a matter of construction, rr 57-60 of the Immigration Rules 1994 (HC 395) are not predicated upon a single course of study.
Appeal allowed.
In the Matter of SW (Trans-atlantic airline liquid bomb conspiracy)
30/8/2006, Mr Justice Ouseley
Landmark judgment where the Court extended detention without charge time for suspects accused of terrorism to 28 days.
Case heard under reporting restrictions.