Laura Dubinsky

Profile

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.

What the Directories say

Chambers & Partners 2013- Immigration- star individuals- ‘Laura Dubinsky is widely acknowledged to be an expert in the field of immigration detention and is a star of the junior Bar. Her recently published book on foreign national prisoners attracted much positive comment. She is described as ~~"incredibly knowledgeable, extremely thorough and highly committed."’~~

~~Chambers & Partners 2013~~- Civil Liberties & Human Rights – up and coming- ‘The ~~"incredibly rigorous and committed"~~ Laura Dubinsky has a wide-ranging civil liberties practice, with a particular focus on immigration and false imprisonment. Sources agree that she is ~~"an extraordinary barrister with a quick mind and a campaigning approach."’~~

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.

Immigration Asylum and Personal

Laura's immigration and asylum cases include: R (Mayaya) v SSHD ~~[2011] EWHC 3088 (Admin)/ C4/2011/3273~~, a successful test challenge to the SSHD's policies on leave to remain for foreign national former offenders (partially successful in Administrative Court, appeal on further points then allowed by consent in Court of Appeal); 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).

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); R (MH) v SSHD ~~[2010] EWCA Civ 1112,~~ and R (Muqtaar) v SSHD ~~[2012] EWCA Civ 1270~~ (primarily unsuccessful judicial reviews of immigration detention in which Laura was instructed as junior counsel ). Laura is now acting for MH in his application in the European Court of Human Rights ~~(Application 19352/12, communicated by the Court in November 2012).~~

Actions Against the Police and Public Authorities

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.

Prison Law and Criminal Justice

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 junior counsel for the appellant in R (Francis) v SSHD ~~[2012] EWCA Civ 1200~~ (primarily unsuccessful challenge to SSJ's policy on the grant of HDC to foreign national prisoners).

International Law

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).