Claudia Neale
Claudia Neale was called to the Bar in 2013 and completed her pupillage at Garden Court Chambers in 2014. She was a practising barrister from 2014-2017, specialising in immigration and asylum law. In 2018, she left the Bar to take up her current role as Legal Researcher at Garden Court Chambers. She is a co-editor of Macdonald’s Immigration Law and Practice, a contributor to Butterworths Immigration Law Service, and an assistant consultant editor for the British nationality volume of Halsbury’s Laws of England.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2014
Experience
- Garden Court Chambers – Legal Researcher (2018 - Present)
- Garden Court Chambers – Barrister (2013 - 2017)
Membership
- Trustee – ARC Foundation
Qualifications
- Bar Professional Training Course (BPTC) (2013)
- LLM (2012)
- MSc Social Science of the Internet (2011)
- BA Jurisprudence (First Class Honours) (2010)
Education
- Nottingham Trent University (2013)
- Harvard Law School (2012)
- Hertford College, Oxford (2010, 2011)
3 Contributions by Claudia Neale
PRACTICE NOTES
Administrative Removal under IAA 1999 s 10: UK procedure, liability, notice periods, EEA/EUSS issues, family and child safeguards, and routes to challenge
This Practice Note
This Practice Note explains the administrative removal regime as amended by the Immigration Act 2014, identifying who is and is not subject to removal and the destinations to which removal may occur. It also sets out the considerations to be weighed when deciding on removal and the extra safeguards that apply in family situations. Further amendments to removal notices were introduced by the Nationality and Borders Act 2022 (NBA 2022), although not all provisions are currently in force. For additional context, see News Analysis: Nationality and Borders Act 2022—summary for non-asylum practitioners. From 20 November 2023, the process and deadlines for removal notices have been put on a statutory footing, ordinarily requiring a five-working day notice period, which remains effective for 21 days where a first removal attempt fails for reasons beyond the Home Office’s control (see below). As enacted, NBA 2022 also anticipates a system of ‘priority removal notices’ (PRNs), intended to limit the scope for delaying removals through sequential or unmeritorious claims, appeals or legal action, but these PRN provisions have not commenced at the time of writing. The Illegal Migration Act...
Immigration
PRACTICE NOTES
UK immigration bail under the Immigration Act 2016 (Sch 10): powers, applications, conditions, enforcement, accommodation, variation, and case law for practitioners
This Practice Note examines the power of immigration bail
This Practice Note explores immigration bail as the sole mechanism of release, effective from 15 January 2018, for individuals subject to detention and those liable to be detained under immigration powers in particular where relevant. For guidance on liability for detention and related Home Office policies, see Practice Note: Immigration detention. The purpose here is to outline immigration bail; it does not, for instance, address the inherent jurisdiction of the High Court or Court of Appeal to grant bail, nor the bail jurisdiction of the Special Immigration Appeals Commission, as detailed analysis of those subjects currently falls outside the scope of Lexis+® UK. The majority of the bail provisions in Schedule 10 to the Immigration Act 2016 (IA 2016) commenced on 15 January 2018. For details of provisions not yet in force, refer to Practice Note: Immigration Act 2016—materials. The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017, SI 2017/1242, took effect the same day and introduce various minor consequential changes to secondary legislation. Prior to 15 January 2018, a person examined or detained under immigration powers could be released, or granted a temporary form of status, by the Secretary...
Immigration
PRACTICE NOTES
UK regulation of immigration advice and services: authorisation, offences, IAA/OISC powers, SRA reviews, accreditation, supervision and tribunal sanctions
Immigration advisers and service providers in the UK are subject to regulation.
Generally speaking, immigration advisers without legal qualifications must be registered and follow the standards set by the Immigration Advice Authority (IAA). Before a name change on 16 January 2025, the IAA was known as the Office of the Immigration Services Commissioner (OISC). Those advising within an organisation properly overseen by a designated professional body, or a designated qualifying regulator (see below), do not presently have to register with the IAA. Registration requirements were brought in amid worries about the standard of immigration advice in the UK. Where an adviser fails to act in a client’s best interests, the impact on that client can be very severe. In R (Nori) v Secretary of State for the Home Department (SSHD) the court decided that the applicant could not be excused simply because his solicitor had failed him, since his solicitor’s conduct was to be treated as his own. That said, this is not a universal principle: in certain matters the courts have recognised that an appellant ought not to suffer because of the procedural shortcomings of their immigration advisers on an appeal, where relevant...
Immigration
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