Danielle
Cohen
Last Word speaks to immigration lawyer Danielle
Cohen who will be sharing her expertise in an occasional column in
PN in 2007
What made you interested in immigration law?
I wanted to help vulnerable and disadvantaged people. At the time, it was
people seeking asylum in the UK. I later developed expertise in helping women
to access the UK asylum process. The natural progression was to help other
vulnerable groups within the immigration and asylum framework; children, victims
of domestic violence and people with physical or mental illness.
What proportion of your clients are living with HIV and how does this
affect their case?
About 30 per cent. Dispersed asylum seekers cannot be supported effectively.
Doctors believe dispersal may compromise HIV care, can lead to depression
and poverty, and makes them vulnerable to animosity. New guidance on dispersing
HIV positive asylum seekers says they should only be dispersed if they are
medically stable, given adequate notice and the treating clinician is satisfied
arrangements are in place for the safe transfer of care.
What is the most common reason why people want to access your services?
My firm handles everything from business immigration through to asylum. We
have a wide range of knowledge and expertise.
In which area have you had the most consistent success for clients?
We handle a great deal of work before the Immigration Appeal Authority and
have excellent results in recent cases involving elderly relatives wishing
to join their children settled in the UK; appeals against refusal of leave
to enter as a spouse of a British national and appeals against deportation
of those found guilty of criminal offences.
What can you do to help people with HIV remain in the UK?
We make applications to obtain status via provisions governing humanitarian
protection. Alternatively, we ask for discretionary leave on health grounds
under Article 3 (the right not to be subjected to torture or inhumane or degrading
treatment) and Article 8 (the right to family life and privacy) of the Human
Rights Act.
The argument is that, were the person with HIV returned to a country where
there is inadequate treatment, they could face a real risk of suffering serious
harm. We obtain doctors’ views about availability of medication in the
country of origin and expert reports on HIV treatment.
How much do you charge?
We are an HIV and gay-friendly niche practice with a large amount of expertise.
We do not carry out legal aid work and charge according to time. Hourly rates
range from £150-£250 and we offer fixed fees for certain types
of application.
The Home Office is rejecting more applications from people with HIV.
What has happened?
The House of Lords recently rejected an appeal by ‘N’. The sole
legal issue was whether the UK’s deportation of an HIV positive person
to Uganda would be incompatible with Article 3 given the shortage of necessary
drugs and medical facilities.
The Law Lords took into account the appellant’s right to remain here
to continue receiving medical treatment. They balanced this with the view
of the European Court of Human Rights, which confirmed Article 3 could not
be interpreted as requiring a contracting state to admit and treat people
with HIV from all over the world for the rest of their lives. Nor is Article
3 to be interpreted as requiring countries to give extended right to remain
to all would-be immigrants who had received medical treatment while their
applications were being considered.
This means if someone starts treatment in this country and their health will
suffer if they return somewhere there is little or no treatment available,
they are unlikely to win an appeal under Article 3. Applications in the future
will only be successful in very exceptional circumstances.
What do you say to people who say asylum seekers with HIV should not be allowed
to be a drain on the NHS?
HIV treatment represents a small percentage of the total NHS budget. The NHS
spends more per year on alcohol related illnesses. For many refused asylum
seekers, returning to their country of origin is simply not an option.
• www.daniellecohenimmigration.com
• 020 7267 4133
