Helen Foot

Helen is a barrister at Garden Court Chambers practising in public law, asylum, immigration and human rights. She has expertise in asylum claims involving LGBT rights, domestic violence and gender-specific persecution.

Out with the old, in with the new: Edgehill, Haleemudeen and now Singh

Where an application for leave to remain is made before 9 July 2012 but decided after that date, which Immigration Rules should apply to it? The answer, according to Court of Appeal in Singh v Secretary of State for the Home Department [2015] EWCA Civ 74, is the ‘old’ Rules, but only for decisions made between 9 July and 6 September 2012. Singh finally resolves a conflict in the case law between Edgehill v Secretary of State for the Home Department [2014] EWCA Civ 402 and Haleemudeen v Secretary of State for the Home Department [2014] EWCA Civ 558. The conflict arises from, in the words of Lord Justice Underhill…

23rd February 2015 By Helen Foot

EU court bans credibility ‘tests’ for gay refugees

In welcome news for LGBT asylum claimants, the Court of Justice of the European Union ruled this week that ‘tests’ to prove a claimant’s sexual orientation, or intimate questioning about sexual behaviour, may breach the rights to human dignity and respect for private life contained in Articles 1 and 7 of the Charter for Fundamental Rights. The ruling contains useful material for challenging adverse credibility findings in Home Office refusal letters, often resulting from prurient questioning in the asylum interview.

4th December 2014 By Helen Foot