Immigration, civil.

AREAS OF EXPERTISE Asylum Banking & Finance Civil Commercial Commercial Landlord and Tenant Company & Partnership Construction Contract Corporate Insolvency Education Employment Extradition Housing Immigration & Nationality Insurance International Criminal Law International Human Rights Law International Law International Law in Domestic Courts Landlord & Tenant Mediation Nationality & Citizenship Personal Injury Personal Insolvency Professional Negligence Property Public Visas

Introduction

Austen practises private law and public law, especially with international aspects. He advises from chambers in London, but also appears in Northern Ireland courts.

Expertise: public law, EU law, human rights, commercial, property, employment. Austen practises generally in the civil courts and tribunals, representing individuals and SMEs.

Austen advises and represents clients in the following areas:

commercial and civil: contracts; partnerships; banking and credit; mortgages; insolvency; multinational arbitration and litigation; injunctions; employment law: wrongful dismissal; unfair dismissal; redundancy; wages; equality law: anti-discrimination for protected characteristics; positive action; EU law: many aspects; Family law: international and domestic; children (public law); children (private law); financial remedies; negligence: mainly professional; public law: immigration; nationality; mental health; judicial review; real property: business leases; residential landlord and tenant. EU law public law: judicial review (all categories of applicants) nationality & immigration law: advisory, nationality & applications; all immigration appeals (first-tier tribunal, upper tribunal, court of appeal) human rights law: all aspects (domestic, Strasbourg and international).

Austen has a special interest in the constitution of the United Kingdom, on which he has written and lectured extensively.

Direct Access

Austen is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Austen on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at [email protected]. 

Call 1995, 2000 (N. Ireland). Publications: Austen writes and lectures on the constitution of the United Kingdom. His published legal writing is available at: www.austenmorgan.com.

Notable Cases

Re De Brun’s and another’s application for judicial review [2001] NI 442 NICA

Togher v Revenue & Customs Prosecution Office [2007] EWCA Civ 686 [2008] 2 WLR 82

KS (Sri Lanka) v Secretary of State CA, The Times 27 May 2008

Re Worton's Application [2010] NIQB 14

Publications

Austen has written extensively on a range of constitutional, human rights and Irish issues. He is an expert on a range of legislation relating to human rights, constitutional issues and the Law of Northern Ireland. He has done the detailed legal commentary on the following statutes, including:  

Northern Ireland (Location of Victims' Remains) Act 1999Police (Northern Ireland) Act 2000Justice (Northern Ireland) Act 2002Police (Northern Ireland) Act 2003Northern Ireland (Monitoring Commission etc.) Act 2003Justice (Northern Ireland) Act 2004Constitutional Reform Act 2005Inquiries Act 2005Northern Ireland Act 2006Northern Ireland (Miscellaneous Provisions) Act 2006Northern Ireland (St Andrews Agreement) Act 2006Northern Ireland (St Andrews Agreement) Act 2007Justice and Security (Northern Ireland) Act 2007Northern Ireland Act 2009Equality Act 2010Constitutional Reform and Governance Act 2010European Union Act 2011

Austen wrote the commentary for Lexis Nexis on the Northern Ireland Bill in the Queen's Speech, 11 June 2015. 

He is a regular commentator on issues affecting Northern Ireland and the Belfast Agreement

The Belfast Agreement: a practical legal analysis(London, 2000)

The Hand of History?: legal essays on the Belfast Agreement(London, 2011)

Tony Blair and the IRA: the 'on the runs' scandal (London, 2016) 

From Westlaw UK Insight:

Interpretation of convention rights - Human Rights Act 1998(1 August 2017)

Religious freedom: Human Rights(1 August 2017)

Right to respect for private and family life: Immigration(4 August 2017)

Lexis Nexis:

The Queen’s Speech 2015 (11 June 2015)

Other:

Election was followed by loose talk of nationalism winning', News Letter (17 March 2017) 

'Why Gerry Adams is wrong on the Belfast agreement', Policy Exchange (16 June 2017)

'A constitutional crisis with precedents from the past as well as fresh uncertainties', Belfast Telegraph, (10 January 2017)

'The human rights act and a question of legitimacy’, The Justice Gap (6 May 2015).

'The New Laws We Need', News Letter,(10 October 2011)

'This Undignified Human Rights Wake is Futile', News Letter (Belfast),(17 September 2010)

'Configuring a UK Bill of Rights and Responsibilities', Barrister,(June 2010)

... (amended version)

'Union 2021', News Letter (Belfast),(16 July 2010)

'No Devolving Human Rights’, The Guardian,(24 February 2010)

'Why We Don't Need a Bill of Rights', News Letter (Belfast),(21 January 2008)

'Where Now Constitutional Reform?', Barrister,(January 2005)

The Belfast Agreement', Fordham International Law Journal, vol. 22, no. 4, April 1999 (Austen Morgan and Duncan Shipley-Dalton. MLA)

'Permeating the Irish Border', Boundary and Security Bulletin, vol. 7, no. 3, autumn 1999

'What Bill of Rights?', Northern Ireland Legal Quarterly, vol. 52, nos. 3 & 4, autumn & winter 2001

'Recent European Anti-discrimination Law', (2002) 3 University of Limerick Law Review

'The Northern Ireland (Location of Victims' Remains) Act 1999; amnesty, immunity or what?', Irish Jurist, 2003

'Did David Trimble Really Agree to a United Ireland?', Commonwealth Lawyer, April 2003

'The Changing Constitution of the UK', Commonwealth Lawyer, August 2005

'Northern Ireland terrorism: the legal response’, in James Dingley, ed., Combating Terrorism in Northern Ireland, London 2009

From Belfast to St Andrews: the constitution of Northern Ireland’, in Brian Barton & Paddy Roche, eds., The Northern Ireland Question, London 2009

'Arguments for a UK Bill of Rights and Responsibilities', Commonwealth Lawyer, December 2011

Testimonials

"His commitment to detail and strong confrontation used to test me prior to a court appearance, has been invaluable. Having now observed Austin in a court appearance on my behalf I feel confident that his skill and attention to detail will prove the day. The support team are very helpful and are keeping me informed all the way. I will highly  recommend Austin and his chambers to my business contacts and friends for cases of very high complexity." - Mr Banks, Direct Access Client

Administrative Law

European Union Law