GLD030 2020 Expert Witness - Bangladeshi Nationality Law

Ajmalul Hossain QC via Selborne Chambers Limited is acting as the Secretary of State for the Home Department ("SSHD") Expert Witness on foreign law (specifically Bangladeshi nationality/citizenship law) in three separate appeals against deprivation of citizenship in the Special Immigration Appeals Commission: C3, C4 and C7. Although three options were identified, there were a number of reasons why Ajmalul Hossain QC was considered to be the only viable option to support the SSHD's position in C3, C4 and C7: 1) Ajmalul Hossain QC is an experienced barrister in Bangladesh who has regularly appeared before the Supreme Court.

Neither of the other two possible experts had experience in Bangladeshi Courts. 2) Ajmalul Hossain QC's position as a QC working regularly in England and Singapore would ensure that the reports presented foreign law in a clear and consistent manner which has previously been an issue. 3) The SSHD considered that Ajmalul Hossain QC's experience as an advocate in the UK Courts provided him with an insight into the process of cross-examination and demonstrated his ability to advocate successfully in a pressurised situation. Given the above set of specific criteria, the pool of possible experts in Bangladeshi nationality law who practised at a high level in the Bangladeshi Courts and were able to write fluently in English was necessarily small.

In addition, the directions for C3, C4 and C7 were expedited in order to ensure that a decision on their deprivation appeals was obtained promptly on the basis of the conditions in which C3 and C4 were living. This meant that the SSHD had a relatively short period to identify and instruct an expert to produce three detailed reports on a complex area of Bangladeshi nationality law, and who was available and willing to appear on behalf of the SSHD at a five day preliminary issues hearing in November 2020.