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Naga Kandiah

Solicitor

Naga Kandiah, born in Jaffna, Ceylon, is currently a Consultant Solicitor. His diverse background initiated having worked within the banking sector during which time he carried out voluntary work at both the CAB and Rotary Club. It was at this moment, Naga enriched his passion overtime to become a public law and human rights figure, where he was able to offer valuable support and provide a helping hand to as many of those in need to make a positive difference.

 

Throughout Naga’s career and work, he continued to reflect great professionalism, integrity and qualities, providing exceptional duty of care to his clients.

 

Having qualified as a solicitor and pursuing his rewarding career, Naga developed greater desire and commitment to improve the lives of others. Having been aBritish Tamil migrant himself, his understanding and compassion working with vulnerable clients has becoming increasingly commended as he excels in handling complex cases, ranging from war crime witnesses to victims of domestic violence. 

 

As a public law and human rights solicitor, Naga provides advice and representation in all areas of immigration, asylum and human rights law with expertise in areas of public law, asylum, human rights, lawfulness of detention and naturalisation. Naga’s dedicated approach to improve the lives of others and make a positive difference has meant that he has increasingly become the voice of people from all backgrounds.

 

Naga regularly represents vulnerable clients with severe mental or physical health issues, having successfully acted for clients in complex asylum, deportation and entry clearance appeals. Furthermore, his specialist commitment to seeking justice for those whom have suffered prejudice by conduct of the Home Office or authorities and those encountering breach of their human rights hasexemplified the value of his representation and expertise in human rights litigation.

 

As a solicitor, Naga strives to deliver an exceptional duty of care to his clients, providing support and efficient guidance to those seeking justice and humanitarian protection. Naga has acted in numerous high-profile cases on a pro bono basis, including representing one of the first victims of the ‘Windrush Scandal’ and a vulnerable adult on Manus Island. His dedication has been recognised amongst MPs with reference to statements including, being ‘fortunate to have good and committed lawyers’ and by judges commending the extra efforts to validate documentation and conduct due diligence.

 

His active work in the community and key cases he has worked on have drawn great recognition alongside his active social media presence. Naga’s efforts have gained increased acknowledgement, having been nominated for vast awards including shortlisted nominee for National Diversity Awards and furthermore having been recognised across vast published articles in national and international media platforms. Collectively his increasing recognition exemplifies the quality and value of his work within society and the ongoing positive difference he makes.

 

Naga regularly publishes articles about human rights issues through a range of legal publications and online journals.

It is significant to highlight that his determination to succeed is driven by the motivation of his mother whereby he reflects upon her theory in everyday life that “At the End of The Day, Wealth Is Not Success But Helping Others and Being Remembered for Your Duty of Care Will Only Lead to More Success”

 

Notable Cases

“Windrush”: Represented and identified one of the first Windrush victims, before the press and parliament had become aware of the scandal. Succeeded in obtaining permanent residence on behalf of the client. Continues to offer pro-bono advice to any members of the Windrush generation and their children. 

“5-years rule” – Sri Lanka: First solicitor to apply the principles of MK (A Child) v SSHD [2017] EWHC 1365to children born to Sri Lankan parents. Has secured a large number of successful grants of British Citizenship on behalf of stateless children as a result.

Immigration & Asylum

SSHD v HH 2018 Upper Tribunal: Appeal allowed in First-tier Tribunal against decision to revoke refugee status of Somalian national. Permission to appeal by SSHD refused.

SSHD v KM 2018 Upper Tribunal: Appeal by Home Office against article 3 claim dismissed

 

SSHD v AA 2018 Upper Tribunal: Appeal by Home Office dismissed

Braik v SSHD 2017 High Court

AT v SSHD 2017 Upper Tribunal

SSHD v RA 2017 Upper Tribunal

Judicial Review

MF v SSHD 2019 Upper Tribunal: Permission to apply for judicial review granted in relation to Home Office’s decision to reject further submissions of an LGBT asylum seeker from Sri Lanka. Home Office consented to reconsider decision.

TA V SSHD 2019 Upper Tribunal  : LGBT client granted permission in oral JR hearing - based on limb 2 HJ(Iran) 

SP v SSHD 2017-2019 Upper Tribunal: Permission to apply for judicial review granted twice in relation to original decision on further submissions and reconsidered decision. Consent by Home Office to reconsider both decisions and bear the applicant’s costs.

International human rights/criminal law

Naga Kandiah’s clients have provided testimony to the Office of the United Nations High Commissioner for Human Rights (OHCHR) investigation.

Social Media Engagement

 Updates on Naga Kandiah’s successful practice are featured regularly on his firm’s twitter page (available at - https://twitter.com/MTC_Solicitors) , and his own personal twitter page (available at - https://twitter.com/SinnKandiah) , accessible via the links provided. 

 

Publications

“The Ethical Impact of the ‘Cowboys’ of the Immigration ‘Wild West,’” New Jurist International Law Journal, 1 October 2018

http://newjurist.com/the-ethical-impact-of-the-cowboys-of-the-immigration-wild-west.html

 

“Sri Lanka: when is a political opinion a crime?” The Lowy Institute, 6 November 2018

https://www.lowyinstitute.org/the-interpreter/sri-lanka-when-political-opinion-crime

 

In the news

Client’s appeal has been allowed on HR grounds. This was the first ever case to be heard in a UK court regarding a refugee detained on Manus Island, and the first such case to be represented completely on a pro bono basis. https://www.theguardian.com/australia-news/2019/jun/11/sri-lankan-refugee-held-hellish-manus-island-conditions-appeals-settle-uk 

 

Home Office cites Iraq in 'copy and paste' refusal letter to Jamaican man.

https://www.theguardian.com/uk-news/2019/oct/31/home-office-cites-iraq-in-copy-and-paste-refusal-letter-to-jamaican-man

Home Office apologises for accusing man of being ‘foreign Criminal  https://www.theguardian.com/politics/2019/jun/19/home-office-apologises-for-accusing-man-of-being-foreign-criminal?CMP=share_btn_t

 

“Stop criminalising drill rappers, say legal campaigners,” The Guardian, 27 February 2019, https://www.theguardian.com/music/2019/feb/27/stop-criminalising-drill-rappers-say-legal-campaigners?CMP=share_btn_tw: News article relating to a panel event organised by Naga Kandiah and colleagues which explored the impact drill music has on the criminal justice system.

“Grandmother whose entire family is settled in the UK told to leave country,” The Independent, 9 February 2019 https://www.independent.co.uk/news/uk/home-news/home-office-grandmother-uk-deport-spouse-visa-sri-lanka-susita-balasubranamiamm-a8770646.html: Public interest case involving Naga Kandiah’s client.

“Former NHS nurse born in UK with no criminal record deported to Ghana,” The Independent, 4 January 2019, https://www.independent.co.uk/news/uk/home-news/nhs-nurse-deport-ghana-home-office-windrush-dean-ablakwa-a8711251.html: Public interest case involving Naga Kandiah’s client. 

Our Naga Kandiah was able to help innocent child - prev rep incorrectly advised about entitlement to British citizenship. After hearing about the story in the media, Naga found the client and represented pro-bono  https://news.sky.com/story/how-sri-lankans-are-getting-into-uk-illegally-revealed-11639382