Bojana Asanovic


Year of Call: 2000

Practice Group(s): Immigration

Portrait of Bojana Asanovic

BA (Hons) History (London)
CPE (College of Law)

Practice Profile:
Described as "exceptional" by editorial comment in the Legal 500 2013 among 'Leading Juniors' in the Immigration (including business immigration), Bojana's practice is primarily in immigration, asylum and human rights matters. She regularly represents claimants before the Tribunals as well as in the Administrative Court and the Court of Appeal. She is an experienced litigant in the European Court of Human Rights.

Bojana's interests and strengths include claims involving sexual orientation and gender, EEA free movement and Turkish ECAA. Having practised in crime before re-focusing on immigration, Bojana is particularly well placed to deal with claims involving deportation and/or detention. Bojana acts in a full range of appeals and challenges of immigration and asylum decisions including business immigration issues such as points based system challenges.

Bojana has acted as a legal analyst in international election observation missions for OSCE ODIHR.

Bojana is an experienced trainer, including international judicial training in human rights instruments (ECHR and ICCPR) as well as ILPA.

Prior to coming to the English Bar Bojana was a current affairs journalist in former Yugoslavia.

Notable Cases:
Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) [2013] UKUT 00513 (IAC)In a claim for permanent residence by a son of a third country national spouse of a Union citizen, UT reported the determination with the guidance that the right of permanent residence under Article 16 of Directive 2004/38/EC is capable of being established while a national of a Member State or a family member of that national is outside the host country. It was also decided that the list of important reasons for permitted absences which count towards lawful residence is non-exhaustive and regard must be had for the purpose of the absence which should be comparable to those to specified in Article 16(3) of Directive 2004/38/EC and involve compelling events and/or an activity linked to exercise of Treaty rights in the host state.

Ahmed (Amos; Zambrano; reg 15A(3)(c) 2006 EEA Regs) [2013] UKUT 00089 (IAC) In a reported determination of a claim for permanent residence of a former spouse, victim of domestic violence of a Union citizen, UT dismissed the Appellant’s appeal ruling that the spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage following Amos [2011] EWCA Civ 552. On the other hand the UT allowed the appeal on different grounds having found that (a) the principles established by the Court of Justice in Case C- 34-/09 Zambrano have potential application even where the EEA national/Union citizen child of a third- country national is not a national of the host Member State finding for the Appellant on that issue; and (b) notwithstanding inability to satisfy new regulation 15A(3)(c) of the Immigration (European Economic Area) Regulations 2006, the parent of a child of an EEA national who has been employed in the UK when the child was also residing here can have a derived right of residence under Article 12 of Regulation 1612/68 (now Article 10 of Regulation No 492/2011) even though the EEA national parent is no longer a worker in the UK at the time the child commences education: see Case C-480/08 Teixiera.

Atapattu, R (On the Application of) v The Secretary of State for the home Department [2011] EWHC 1388 (Admin). A claim for damages resulting from unlawful retention of a passport of a student applicant for an entry clearance resulted in Defedant's liability in conversion under the Torts (Interference with goods) Act 1977 (claims in negligence and violations of Article 8 and Article 1 Protocol 1 were dismissed).

Chomanga (binding effect of unappealed decisions) Zimbabwe [2011] UKUT 312 (IAC) Following a successful and unchallenged appeal by an appellant, it is not open to the respondent to make a further adverse decision on the same issue relying on the same evidence as before unless there is evidence of fraud or specific exceptions.

DBN v. the United Kingdom (26550/10) [2011] ECHR 192 The application by a lesbian from Zimbabwe claiming violations of Articles 3 and 8 was communicated to the UK government (later struck out for lack of contact from the applicant).

MK (Lesbians) Albania CG [2009] UKAIT 00036 - After grant of permission on all grounds on appeal (including treatment of expert evidence) remitted to UT. MK was granted asylum and the appeal is no longer extant.



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