Melanie Plimmer

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

"...strong legal mind and court presence" (Legal 500 2007)

Practice

Immigration

With the benefit of 14 years extensive experience in Asylum and Immigration law, Melanie’s practice now concentrates on challenges to first instance AIT decisions by way of reconsideration, the Court of Appeal and beyond. Melanie however continues to undertake second stage reconsideration hearings and complicated first instance work. Melanie recently appeared in the ground-breaking House of Lords case of K and Fornah v SSHD [2006] UKHL 46 (asylum; particular social group) and is recommended as a “leading light” by Chambers & Partners 2008.

Public Law (Judicial Review)

Melanie undertakes a wide cross-section of judicial review applications on behalf of Claimants particularly in the fields of prison law and public law matters with an immigration overlap, including control orders, challenges to age assessments and challenges to decisions relating to fresh asylum claims. Melanie has appeared in one of the tests case on the compatibility of the control order regime with Article 5 of the ECHR - SSHD v JJ; KK; GG; HH; NN; LL [2006] EWCA Civ 1141 and the test case on IPPs (Walker & James).

Prison law

Melanie has extensive experience of challenging decisions relating to prisoners by way of judicial review, including foreign national prisoners and those given indeterminate sentences. She undertakes complicated parole board and lifer panel hearings. Melanie featured in the BBC2 parole board documentary “Lock them up or let them out” (October 2006) > news story

Employment and Discrimination

Having obtained over 12 years extensive experience in representing employees and trade unions before the Employment Tribunal, Melanie's practice now focuses on lengthy / complex / high value discrimination cases and challenges to Tribunal decisions on discrimination matters in the EAT and beyond - see Oyarce v Cheshire CC Council [2007] and Harris v NKL Automotive Ltd [2007] below.

Notable Cases

Secretary of State for Justice v David Walker and Brett James [2008] EWCA Civ 30; The Times 6/2/08 (Minister of Justice acted "unlawfully" - IPP sentences - parole course access) news story and judgment

(1) IA (Syria) (2) SA (Syria) v SSHD (13/11/07) (CA Civ Div) [2007] All ER (D) 211 (Nov) (expert evidence)

Harris v NKL Automotive Ltd and another [2007] All ER (D) 68 (Nov) (religious discrimination - Rastafarian beliefs) news story , judgment

Oyarce v Cheshire County Council [2007] All ER (D) 101 (Aug) (appeal and cross-appeal; discrimination and victimisation; reverse burden of proof applies in discrimination on grounds of race but not on grounds of victimisation)

SSHD v K; Fornah v SSHD [2006] UKHL 46, The Times 19/10/06 (asylum; particular social group) news story , judgment

SHD v JJ; KK; GG; HH; NN; LL [2006] EWCA Civ 1141, The Times 18/08/06 (control orders - Court of Appeal upholds High Court decision to quash) judgment , news story

SSHD v JJ; KK; GG; HH; NN; LL [2006] EWHC 1623 (Admin) (control orders quashed) judgment

Oyarce v Cheshire County Council [2006] EOR No. 159 - December (employee overlooked for promotion in favour of white colleague - discrimination)

RG (Ethiopia) v SSHD [2006] EWCA Civ 339 (persecution due to "particular social group") judgment

Hatungimana v SSHD [2006] All ER (D) 281 (Feb) (clarification of Court of Appeal's jurisdiction to remit case to AIT) news article

RAMTT v SSHD [2005] EWCA Civ 982

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

K v SSHD [2004] EWCA Civ 986, CA (petition to appeal to the HL granted)

Adam Nasreldin Mohammed v SSHD [2003] EWCA Civ 265, CA as applied in AM (Sudan Draft evader) Sudan [2004] UKAIT 00335

Askhosravi v SSHD [2002] INLR 71, CA

Recommendations

Leading Junior in Immigration : Northern (2008) “Leading light Melanie Plimmer focuses predominantly on appellate work, appearing on a number of significant cases that have clarified the law. Some solicitors believe that her work “sets her apart from the norm and she has set the standards for others to follow;” in particular interviewees mark her out for women’s issues in relation to asylum law. She was junior counsel in the House of Lords in Secretary of State for the Home Department v K, an appeal on the meaning of ‘particular social group’ in asylum claims by women fearing gender-based persecution." Chambers & Partners 2008 more

Regional Bar - Northern Circuit - Public law (2007) "Melanie Plimmer, who brings a ‘strong legal mind and court presence’ appeared on the winning side as junior counsel in the precedent House of Lords case SSHD v K, Fornah v SSHD..." UK Legal 500 2007 edition more

The Times Lawyer of the Week 28/11/06 read story

Leading Junior in Immigration : Northern (2007) "...Market sources were as one in describing Melanie Plimmer as the leading barrister for immigration within the North. Her “knowledge of the law is phenomenal,” enthused one source, while others extolled her for her commitment to her clients and her strength in advocacy. She regularly undertakes complex appellate, review and judicial review asylum cases." Chambers & Partners 2007 more

Regional Bar - Northern Circuit - Public Law(2006) "...Melanie Plimmer brings her 'strong legal mind and court presence' to immigration, asylum and human rights issues." UK Legal 500 2006 edition.

Leading Junior in Immigration : Northern (2006): "Solicitors see Melanie Plimmer as a 'great resource' and have the utmost faith in her. She recently appeared in Liu v SSHD, a Court of Appeal case where it was held that persecution may serve to create or identify a particular social group." Chambers & Partners 2006.

Leading Junior in Immigration: Northern (2005): "Melanie Plimmer was singled out for her integrity and detailed preparation. Solicitors believed that tribunals trusted her judgment." Chambers & Partners 2005, p1629.

Other Activities

Regularly provides seminars in human rights, judicial review, immigration, discrimination law and prison law. Conducts external training on behalf of ILPA, the LSC and for leading Trade Union solicitors firms. Previously lectured in law p/t for the Open University.

Through her practice and other activities, Melanie has been involved in speaking at academic conferences and giving press and media comment on the human rights and immigration debate such as the WASP (Women Asylum Seekers from Pakistan) conference in December 2007 where she shared a platform with Hina Jilani (Human Rights Lawyer based in Pakistan) Pragna Patel (Chair of Southall Black Sisters) and Alison Stanley (Head of Immigration at Bindman and Partners) and spoke about the way in which the UK legal system protects those fleeing domestic violence from other countries. more

Publications

Contributor to Macdonald & Webber Immigration Law & Practice (5th and 6th Editions) published by Butterworths.

" Standing in Someone Else's Shoes " (first published in New Law Journal July 1998)

Professional Associations

Immigration Law Practitioners Association (ILPA)
Discrimination Law Association (DLA)
Member of the Northern Circuit Free Representation and Advice Service

Background and Personal profile

Triathlon.