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Oshin Shahiean

Managing Partner

Oshin is the co-founder and Managing Partner at OTS Solicitors. He is a qualified Solicitor, and senior business immigration adviser with supervisory status awarded to him by the Law Society.

Oshin graduated with a Law LLB (Hons) from the University of South Wales and a MA Masters degree in Immigration and Human Rights from Queen Mary University of London. He completed his Legal Practice Course at BPP Law School in 2010.

Oshin specialises in Immigration law and he provides advice and representation in all  of the following areas:

Oshin’s caseload also ranges across highly complex Public Law/judicial review matters where he has successfully challenged the Home Office in the high court Royal courts of Justice, in respect of unlawful Immigration decisions by the Secretary of State. A number of his cases are highlighted below.

Oshin is also a Law Society accredited Immigration Supervisor and accredited Senior Level 2 Immigration Advisor OISC Level 3 with several years of experience in representing both legal aided and private paying clients in Points Base business immigrationAsylum and Human Rights applications. He also undertakes advocacy in the First Tier Tribunal (Immigration and Asylum Chamber).

Oshin’s ability to deal with complex legal and factual material, together with his aptitude for drafting persuasive legal arguments, enable him to persistently make successful applications on behalf of his clients and he has built a flourishing Immigration practice.

high court judicial review Cases:

  • Acted for client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’) in connection to the correct application of the new Immigration Rule, and unlawful interference with client’s Article 3 [inhumane and degrading treatment] and 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs.
  • Acted for client in a judicial review challenge against the SSHD in respect of the unlawful interference with the client’s Article 8 ECHR rights after issuing an Immigration decision that did not give rise to a right of appeal. SSHD conceded to reconsider client’s FLR (O) application and to make an Immigration decision that would give rise to a right of appeal if refused.
  • Acted for client in judicial review against the Secretary of State for the Home Department ('SSHD') in connection with the client’s Asylum and Human Rights claim being certified as clearly unfounded and the SSHD’s decision to maintain his custody in a detention centre. Subsequent to permission being granted on the papers to proceed to the full hearing of the judicial review the SSHD conceded to withdraw her certification, which gave rise to an in-country right of appeal of the client’s Asylum and Human Rights claim and to pay the client’s costs. The claim for compensatory damages for unlawful detention remains outstanding and negotiations as to the level of compensation are on going between the parties.
  • Acted for two separate Syrian nationals in emergency judicial review applications issued to stay unlawful removal to Bulgaria under Dublin II Regulations. The challenge was on the basis that if removed to Bulgaria, the client’s Article 3 ECHR is engaged due to Bulgaria’s history of refoulement to Turkey, violations of Article 31 Refugee Convention (a provision prohibiting the State from penalising an Asylum seeker for illegal entry) and systemic failures throughout the Asylum processes and procedures in Bulgaria.

Oshin places significant importance on having excellent client care skills, and finds that taking a friendly and professional approach to his clients is key to successfully representing them.

Oshin has also developed his commercial acumen whilst being a director of his own company and has real experience of what his business immigrationinvestor and entrepreneur client’s expect. He has also found his niche in EU and Human Rights law writing numerous Lexis Nexis articles on topical Immigration issues and adult dependants, where there have been recent developments in the Upper tribunal decision making process. He is also working on various articles on the Immigration Act 2014 which brought about further changes in the field of Human Rights particularly with respect to the deportation of foreign criminals, and the prominence give to the public interest requirement and proportionality when dealing with Article 8 both as to family and private life. He is an active member of the British Armenian Lawyers Association (BALA) where he developed and implemented a mentorship scheme to assist young trainees and undergraduates to connect with mentors that would assist them through the various hurdles they faced in their journey to admission as Barristers or Solicitors.