Paul represents claimants and defendants in public law proceedings across the range of judicial review and civil claims. He regularly acts both led and unled in cases in the senior courts.
Paul is Junior Counsel to the Crown (Attorney General’s B Panel), appointed September 2026, having been on C Panel for three years. Paul has been instructed in judicial review and civil proceedings by Government departments and by other public bodies. These have involved issues relating to human rights and equality legislation.
Paul regularly advises on both data protection and AI. He has advised government departments on AI projects involving security and healthcare, including data protection repercussions, and on a large scale data breach. He is familiar with the law and regulation of AI, including the EU AI Act.
Current and recent instructions include:
- R (Safe Passage International & Ors) v SSHD [2026] EWHC 1705 (Admin): acted for successful SSHD in challenge to the suspension of immigration rules regarding refugee family reunion. Led by Alan Payne KC, with Jack Anderson, Julie Anderson and Ryan Ross.
- AL v Secretary of State for the Home Department [2026]
- EWCA Civ 370: sole counsel in the Court of Appeal, representing the successful SSHD on an Article 3 ECHR healthcare case.
- Advised the MHRA on an AI project relating to the impact of AI on healthcare
- R (RKC1 & Ors) v Secretary of State for Foreign, Commonwealth and Development Affairs and Secretary of State for the Home Department [2026] EWHC 440 (Admin): successfully defending decisions relating to allegations of failure to assist people living in Gaza transiting to the UK. Led by Rory Dunlop KC, with Sian Reeves and Richard Evans.
- LR (Male VOTs) (CG) [2026] UKUT 00315 (IAC): acted for the Appellant in country guidance case on Albanian trafficked males. Led by Zane Malik KC, with Tom Tabori.
- Counsel to St Helena in respect of their immigration and asylum system.
- Secretary of State for the Home Department v Mehta: acted before a Presidential Panel of the Upper Tribunal in a complex asylum appeal by the SSHD against the grant of asylum by the FTT to individuals accused of a $1b fraud in India. Led by Zane Malik KC.
- Advised the AI Security Institute (AISI) regarding data protection liability relating to matters involving AI.
- R (Sagar) v Secretary of State for the Home Department [2024] EWHC 3313 (Admin). Successfully acted unled in the case of an overstayer whose case was that he could not be removed until his assertion that he fell within the EUSS had been determined.
- Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (led by Julia Smyth, with Natasha Jackson), on whether a person who made an EU Settlement Scheme application could be deemed to have made an EEA Family Permit application, which involved interpretation of the EU-UK Withdrawal Agreement;
- Khan v Secretary of State for the Home Department (JR-2023-LON-001779) (Presidential panel of the Upper Tribunal (Immigration and Asylum Chamber), on when an asylum claim is deemed made.
Paul is the co-author, with Dr Kathryn Allinson of Bristol University, of the Handbook for Legal Practitioners: Using the UN Global Compact for Safe, Orderly and Regular Migration as an Interpretative Tool.
Prior to joining Chambers, Paul was the Legal and Parliamentary Officer at ILPA. Paul has delivered training on immigration law to MPs’ caseworkers, lectured on asylum law at London South Bank University, and has spoken at conferences on the EU Settlement Scheme.
Featured Public Law cases
Safe Passage International and Others v Secretary of State for the Home Department [2026] EWHC 1705 (Admin)
On 7 July 2026 the High Court handed down judgment in Safe Passage International and Others v Secretary of State for the Home Department [2026] EWHC 1705 (Admin), dismissing the claim. Paul Erdunast acted for the Secretary of State for the Home Department, led by Alan Payne KC, with Jack Anderson, Julie Anderson and Ryan Ross.
This case related to the suspension on 1 September 2025 of Appendix Family Reunion to the Immigration Rules, in respect of refugee family reunion, and amending Appendix FM: family members to make provision for refugees’ family members to apply under this route, until the outcome of a review of the refugee family reunion route.
The Claimants argued that this decision was unlawful under a number of heads, across domestic rationality, non-discrimination pursuant to domestic law and the ECHR, and the statutory duty to promote the welfare of children. Coppel J dismissed all grounds of challenge.
AL v Secretary of State for the Home Department [2026] EWCA Civ 370
On 31 March 2026, the Court of Appeal dismissed the appeal of AL, a 74-year-old woman with major neuro-cognitive disorder, who claimed removal to DR Congo would breach Article 3 ECHR owing to separation from her family carers. She asserted that the First-tier Tribunal had not properly engaged with the impact of separation and that the Upper Tribunal was wrong to find the issue had not been raised below. She claimed she met the criterion in Article 3 healthcare cases of “serious, rapid and irreversible decline” in her health owing to “unavailability of treatment” (i.e. care). Paul Erdunast represented the successful Secretary of State.
This case is notable, because Elisabeth Laing LJ made important comment on the case law regarding matters not raised in the First-tier Tribunal. In Lata (FTT: principal controversial issues) [2023] UKUT 00163 (IAC), a Presidential panel of the Upper Tribunal held that “Where, as here, a point has not been identified by the parties, and nor is it one which independently drawn the attention of the judge, it is not an issue which can be appropriately raised for the first time’ on an appeal”. This is stricter than in other jurisdictions, where Singh v Dass [2019] EWCA Civ 360 applies. In AAZA (Yemen) v Secretary of State for the Home Department [2025]
EWCA Civ 705, a case in which William Irwin acted for the successful Secretary of State, Bean LJ commented that it would be left to another case to decide whether Lata would apply in its full rigour where doing so would lead to serious injustice.
Elisabeth Laing LJ stated: “99. Finally, I said that I would comment on this court’s decision in AAZA . In the light of the new procedural rigour which applies in the F-tT, the duty on the parties to identify the principal controversial issues in an appeal, their many opportunities to do so, and the fact that appeals to the UT and to this court are on a point of law only, I find it difficult to imagine a case in which the application of Lata could result in any injustice, let alone serious injustice.” It follows that courts and tribunals are unlikely to grant leeway to a party who raises a new matter on appeal in an immigration or asylum case in which Lata applies.
Elisabeth Laing LJ, who drafted the judgment, stated (generously) at §3: “In this court, [the Secretary of State] had the great advantage of being represented by Mr Erdunast.”
R (RKC1 & Ors) v Secretary of State for Foreign, Commonwealth and Development Affairs and Secretary of State for the Home Department [2026] EWHC 440 (Admin)
On 27 February 2026, Sheldon J handed down judgment in R (RKC1 & Ors) v Secretary of State for Foreign, Commonwealth and Development Affairs and Secretary of State for the Home Department [2026] EWHC 440 (Admin). Sian Reeves and Paul Erdunast acted for the Foreign and Home Secretaries, led by Rory Dunlop KC and with Richard Evans. The claim for judicial review was brought by six people living in Gaza who wish to be reunited with their father in the United Kingdom. They alleged that the Defendants unlawfully failed to assist them to exit Gaza and transit to the UK by offering assurances to Jordan of onward travel to Gaza, no matter the result of their biometrics.
Sheldon J found that an indvidualised decision of the Home Secretary on 18 December 2025 not to offer such onward travel assurances was rational, and did not breach Article 8 or Article 14 ECHR. In particular, he found that Article 8 and Article 14 did not apply on the basis that it is not within the jurisdiction of the ECHR to require a state to offer consular assistance. In any event, he found that the decisions would have been justified under Article 8 on the basis of national security concerns if onward travel assurances were granted and the Claimants were to fail their biometrics, and under Article 14 because there were justifiable foreign policy reasons why other cohorts such as medevacs and students have been granted consular support.
There were three findings of unlawfulness regarding decision-making between September and November 2025, which did not affect the outcome regarding the decision on 18 December 2025 in respect of the Claimants
Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248
The Appellant was the dependent sister of an EEA citizen. The UK put in provision for such extended family members to stay in the UK post-Brexit if they made an ultimately successful application for an EEA family permit prior to Brexit, a scheme that had been in place for a number of years, pursuant to EU free movement law. The Appellant, instead of applying for an EEA family permit, instead made an application under the EU Settlement Scheme Family Permit provisions. This was a different scheme, set up under national law pursuant to the Withdrawal Agreement shortly before Brexit, for direct family members.
The Appellant’s core case was that the Entry Clearance Officer should have treated her claim under the EU Settlement Scheme as an application under the EEA Family Permit scheme. The IMA, the AIRE Centre and Here for Good acted as interveners in this important claim regarding citizens’ rights post-Brexit and the correct scope of the Withdrawal Agreement.
The Court of Appeal dismissed the appeal, holding that the Entry Clearance Officer was entitled to assess her claim under the applicable rules pertaining to the EU Settlement Scheme. Dingemans LJ, giving the leading judgment, found that a strict application of the relevant rules was permissible, and applicants, in circumstances where the requirements were clearly set out on the Government’s website, are expected to make the proper application. There was no error in the finding of fact of the First-Tier Tribunal and Upper Tribunal that she had made an EU Settlement Scheme application and not an EEA Family Permit application.
Paul Erdunast acted for the successful Entry Clearance Officer, led by Julia Smyth and with Natasha Jackson, both of Landmark Chambers, instructed by the Government Legal Department
Sagar v Secretary of State for the Home Department [2024] EWHC 3313 (Admin)
On 19 December 2024, the High Court dismissed this judicial review. The Appellant was an Indian national, whose brother and parents had pre-settled status under Appendix EU through his brother’s wife, an EEA national. He arrived in the UK on 18 August 2021 as a visitor with leave valid for six months. This was after the cut-off point for an application to be made to the EU Settled Status scheme (“EUSS”), and after the deadline for applying for a document “facilitating” his residence, an essential prerequisite for leave under EUSS.
Following his becoming an overstayer, he was served a s.120 notice. In his response he sought, among other things, leave under the EUSS and leave arising from Article 8 ECHR. These submissions were refused in May 2023 on the basis that there was no EUSS claim as the correct application process had not been followed, but that he could make an application should he wish and be eligible. In respect of Article 8, his submissions were refused because he only had limited ties to the UK. He was detained and received a notice of intended removal. The Appellant submitted as part of his judicial review claim that the proportionality assessment was unlawful because it failed to consider at all whether he satisfied the requirements of the Immigration Rules in respect of the EUSS claim.
The SSHD submitted that regardless of whether the Appellant’s submissions on that point were correct, the decision would be highly likely not to have been substantially different, because the underlying EUSS claim would have been hopeless. Therefore the judge was required by s.31 of the Supreme Court Act 1981 to dismiss the claim and did not need to go into the above question.
Simon Tinkler sitting as Deputy High Court Judge agreed, and dismissed the claim. There were a number of other arguments, for example an assertion that there was a breach of the SSHD’s obligations under the Withdrawal Agreement, made by the Appellants, which were dismissed on their merits.