Melanie Plimmer

Practice:

Recognised as a leading junior in judicial review challenges against the state and public law matters with an immigration / discrimination / human rights aspect to it.  Considerable experience in national security work and has appeared regularly in SIAC and the High Court in this field.

Public law

Wide cross-section of judicial review work, mainly on behalf of claimants and particularly in relation to prison law and all matters with an immigration / discrimination / employment overlap.

Recent cases:

Gregson (R on the application of) v Parole Board 12.9.09 (Court accepted the claimant’s argument that the Parole Board had not properly addressed the relevant triangulation of interests in relation to a closed document before it and ordered a reconsideration of the decision not to release a prisoner)

Pennington (R, on the application of) v Parole Board   [2009] EWHC 2296 (Admin) (Unexplained Parole Board delay in issuing directions and in reaching its decision, in respect of a prisoner the Parole Board ordered release, constitutes a breach of Article 5(4) entitling the Claimant to damages)

Riley (R, on the application of) v Governor of HMP Frankland [2009] EWHC 2146& 2147 (oral hearing must be held in light of prisoner’s medical condition and reports)

Storm (R, on the application of) v CART 9 July 2009 (no requirement to hold an oral hearing)

Card (R, on the application of) v SSHD [2009] EWHC 2128 (Admin) (refusal to accept fresh human rights claim based on Article 8 analysis of House of Lords decisions quashed)

AS (R, on the application of) v SSJ [2009] All ER (D) 108 (Jun); [2009] EWHC 1315 (Admin) (insufficient reasons provided for refusal of compassionate release on grounds of ill-health)

James and Lee v SSJ [2009] UKHL 22 (no breach of Art 5 in failure to provide an effective Parole Board hearing); SSJ v Walker and James [2008] EWCA Civ 30 (Minister of Justice acted "unlawfully" - IPP sentences)

Immigration and Asylum law

With the benefit of 14 years extensive experience in Immigration and Asylum law, practice now concentrates on reconsideration / appellate cases, complex advisory work and national security.

Undertakes a wide range of advisory work for local authorities, family, personal injury and employment solicitors on specific immigration issues.  Particular experience in advising on allegations of employing illegal workers.  Recently assisted in securing the successful withdrawal of a very high civil penalty against a large company.

Part-time Immigration Judge in the Asylum and Immigration Tribunal

Contributor to the 5th and 6th Edition of Macdonald’s Immigration Law and practice.

Recent cases:

TF (Angola) v SSHD CA, 15 July 2009 (fresh evidence insufficiently clear to render AIT decision unfair)

IA (Syria) and SA (Syria) v SSHD (CA Civ Div) [2007] All ER (D) 211 (Nov) (Amnesty International and expert evidence must be accorded greater weight)

K and Fornah v SSHD [2006] UKHL 46 (women and family members can be a “particular social group” within the Refugee Convention)

RG (Ethiopia) v SSHD [2006] EWCA Civ 339 (Kenyan women can constitute a "particular social group”

Hatungimana v SSHD (CA Civ Div) [2006] All ER (D) 281 (Feb) (clarification of Court of Appeal's jurisdiction to remit cases to AIT)

R and others v SSHD [2005] EWCA Civ 982 (guidelines on the ‘error of law’ jurisdiction of the AIT)

Liu v SSHD [2005] 1 WLR 2858 (persecution may serve to create or identify a particular social group)

National Security

Represents claimants subject to control orders (SSHD v JJ; KK; GG; HH; NN; LL [2006] EWCA Civ 1141, The Times 18/08/06) and is also on the Attorney General’s panel of Special Advocates. Recently instructed to appear as Special Advocate for a large bank which has been designated such that it precludes any person operating in the UK financial sector from entering into transactions with it.  Other recent cases include a number of SIAC exclusion cases and:

AR v SSHD [2009] EWHC 1736 (Admin) (Modifications sought refused)

SSHD v AV [2009] EWHC 902 (Admin) (Control order revoked)

SSHD v AR [2008] EWHC 3164 (Admin) (Control order upheld)

SSHD v AR and others   [2008] EWHC 2789 (Admin) (generic determination of the risk to national security posed by members of the LIFG)

Employment and Discrimination

Practice focuses upon broader discrimination issues and employment / discrimination issues with a public law overlap. 

Recommendations:

"Imaginative, creative and clearly at the forefront of the law" Chambers & Partners 2009

"her work...'sets her apart from the norm and she has set the standards for others to follow'..." Chambers & Partners 2008

"...strong legal mind and court presence" Legal 500 2007 & 2008

"Her...'knowledge of the law is phenomenal'..." Chambers and Partners 2007

Memberships:

Immigration Law Practitioners Association (ILPA)

Member of the Northern Circuit Free Representation and Advice Service

Manchester Prison Law Practitioners Group (MPLPG)

Association of Prison Lawyers (ALA)

Northern Administrative Law Association (NALA)

Member of the Trinidad and Tobago Bar

 

Career & Education:

University:

 

 

Year of Call:

 

Joined Chambers:

LLB (Hons), 2:1, University of Bristol

LLM (Employment), University of London

 

1996

 

2009

 

 

Ms Melanie Plimmer

Year of Call:  1996

Specialises In:  Public Law – Immigration, Prison, Employment and Discrimination Judicial Review

Clerked By:
 William Brown 

Chambers UK

 

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