Areas of Practice
Laura works extensively in immigration law and in civil liberties litigation, particularly challenges to administrative detention through habeas corpus, judicial review and civil actions for damages. She also acts in other public law areas such as prison law. Her international law work has focused on the prohibition of torture.
Legal Directories (most recent entries)
Chambers & Partners 2012 - Immigration -Band 1- 'Laura Dubinsky is said to be "creative, clever and someone with a huge breadth of knowledge that feeds into her immigration practice." Commended for her hard-working attitude and responsiveness, she is instructed in noteworthy cases such as HJ Iran and Suppiah.'
Chambers & Partners 2011 - Immigration - Band 2 - 'Laura Dubinsky wins praise for her "exceptionally thorough preparation and excellent advocacy skills." Sources say she is "incredibly bright, very focused and gets tremendous results." One instructing solicitor adds: "She is one of the most impressive lawyers I have ever come across."'
Legal 500-2011- Immigration and Civil Liberties -Tier 2 - Junior 'committed and genuinely cares for her clients'
Background
Before coming to the Bar, Laura Dubinsky worked as a senior trade union campaigner in the United States and Canada with UNITE, the North American textile and garment workers' union. She directed large-scale campaigns for trade union recognition and collective agreements.
Significant Cases
Laura's immigration and asylum cases include: R (Mayaya) v SSHD [2011] EWHC 3088 (Admin), partially successful test challenge to the SSHD's policies on leave to remain for foreign national former offenders; R (J) v SSHD [2009] EWHC 705 (Admin) (successful challenge and guidance case on certification under s.96 Nationality Immigration and Asylum Act 2002); and HS (Afghanistan) v SSHD [2009] EWCA Civ 771 and M v SSHD [2006] EWCA Civ 798 (successful reasons challenges). In HJ and HT v SSHD [2010] UKSC 31, [2011] 1 AC 596. Laura was junior counsel for the Appellant HJ (successful Supreme Court challenge overturning a line of domestic authority holding that refugee status is to be denied to gay men who will avoid persecution on return by concealing their sexuality). She is currently instructed as junior counsel in the Zimbabwe country guidance appeal (JG and CLM) in the Court of Appeal.
Laura acts in immigration detention challenges at all levels. She was junior counsel for the appellant WL in WL and KM v SSHD [2011] UKSC 12, [2011] 2 WLR (successful Supreme Court challenge to detention pursuant to an unlawful hidden policy, overturning line of authority which had held causation to be a defence to false imprisonment). Laura was sole counsel in the Administrative Court and junior counsel in the Court of Appeal in R (Abdi) v SSHD [2011] EWCA Civ 242; Times, March 11, 2011 (successful challenge to the detention of a former foreign national prisoner, guidance given on the relevance of time spent on appeal). She was sole counsel for the Intervener, Liberty, in R (Suppiah and Others) v SSHD [2011] EWHC 2 (Admin) (partially successful challenge to the detention of children under Immigration Act powers). Bail for Immigration Detainees instructed Laura as junior counsel in R (SK) v SSHD [2011] UKSC 23, [2011] 1 WLR 1299 in which the Supreme Court held that a failure to carry out detention reviews, without more, rendered detention unlawful. Her other immigration detention challenges include R (S and Others) v SSHD [2007] EWHC 1654 (Admin) (successful challenge to the immigration detention of a family with children); and R (MH) v SSHD [2010] EWCA Civ 1112, (primarily unsuccessful judicial review of immigration detention).
Laura's prison law cases include R (Adelana) v SSHD [2008] EWHC 2612 (Admin) in which the SSJ's policy precluding the grant of Release on Temporary Licence for many prisoners subject to confiscation orders was found to be unlawful. She is instructed in R (Francis) v SSHD [2011] EWHC 1271 (Admin) (primarily unsuccessful challenge to SSJ's policy on the grant of HDC to foreign national prisoners, appeal pending).
Laura's practice includes civil claims for damages. In E v the Home Office, Unreported, Central London County Court, 9CL01651, 10 June 2010, she acted for the successful claimant who was awarded £57,500 (including £25,000 exemplary damages) for a period of one month's unlawful detention. In S, C, D v Home Office Unreported, HQ09X01155, Queen's Bench Division Laura acted on behalf of three claimants who won damages exceeding £100,000 in total for a period of 3 and a half months' unlawful detention, including exemplary damages, before a Master.
Laura has been instructed in litigation around the prohibition of torture. She was instructed as junior counsel by a consortium of human rights organisations intervening in A and Others v SSHD [2005] UKHL 71 (inadmissibility of evidence obtained under torture). She was also junior counsel for the Interveners in both the Court of Appeal and House of Lords in Ronald Jones & Others v Saudi Arabia [2006] UKHL 26 (sovereign immunity and claims against foreign states over torture).
Publications
Laura is the principal author of the Legal Action Group's forthcoming book on Foreign National Prisoners, Law and Practice. Laura is one of the contributing authors to the Blackstone's Guide to the Asylum and Immigration Act 2004 and also to Labour Migration and Employment Rights (Institute of Employment Rights).
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Year of Call
2002
Education
BA (Oxon); MA (Columbia University NYC); CPE
Email Address
l.dubinsky@doughtystreet.co.uk
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