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What are the likely implications of this decision?
This judgment, together with the first judgment on control orders, has already caused the Government to rethink the manner in which it deals with those persons it merely suspects of being involved in terrorism-related activity. Yet never has a legal victory felt so hollow; our client was in HMP Belmarsh on the day of the judgment for alleged breaches of an order that a judge had just ruled was unlawful.
What was your worst day as a lawyer?
In the current political and legal climate, representing people who are seeking protection in the UK under the Refugee and Human Rights conventions there are so many bad days. I recently represented a Ugandan woman who had been tortured by the authorities because she is a lesbian. For 23 days we made daily representations to the Home Office for reconsideration of her case. The lesbian, gay, bisexual and transsexual community in Manchester campaigned and rallied support from public figures and MPs who individually made representations to the Home Secretary. Yet all this was ignored; I felt shocked to the core when she was forcibly removed back to Uganda.
What was your most memorable experience as a lawyer?
Arriving at the Special Immigration Appeal Commission, which hears appeals raising national security grounds, in an electric-blue woolly cardigan, clutching a legal textbook, most of whose authors occupied the front row, to represent my client, having received notice at 8.30am that it was listed for 10am in London the same day (hence the lack of court attire or availability of counsel) — I still got what I wanted though.
Who has been the most influential person in your life and why?
My father. His social conscience and energy has been implanted in me, and he is strong and strict so I fear no one.
Why did you become a lawyer?
As a middle child I was always fighting for fairness, so developed a real sense of justice at an early age. I did work with disadvantaged people throughout my teens and studied law to give myself a tool that would be more effective in helping people than just my “sense” that this wasn’t fair.
What advice would you give to anyone wanting a career in law?
To me law is about “practice” — it’s what you do with it, not that you have the knowledge of it, so know what you want to do with it before you fork out for law school fees.
Where do you see yourself in ten years’ time?
The way things are going there will be no public funds for legal aid immigration lawyers in a decade, so who knows.
l_tsang@hotmail.com
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