Bojana Asanovic


Year of Call: 2000

Practice Group(s): Immigration, Public & Regulatory

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, Bojana's practice is primarily in immigration, asylum and human rights matters.

Bojana acts in a full range of appeals and challenges of immigration and asylum decisions including business immigration issues. She is an experienced litigant in the European Court of Human Rights.

Bojana's interests and strengths include claims involving sexual orientation and gender related international protection claims, EU free movement and Turkish ECAA. Legal 500 2014 says "Her knowledge of EU law is particularly impressive". With a background in criminal law she is able to give an informed perspective on a number of issues regularly arising in immigration context.

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

Bojana has acted as a legal analyst in international election observation missions for OSCE ODIHR. Prior to coming to the English Bar she was a current affairs journalist in former Yugoslavia.

Notable Cases:
NA v Secretary of State for the Home Department [2014] EWCA Civ 995 (17 July 2014) order for preliminary reference to CJEU made on the issue whether presence in the member state of Union citizen spouse is necessary at the time of divorce for the purposes of retained right of residence for the third country spouse under Article 13(2) of Directive 2004/38/EC.

Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) [2013] UKUT 00513 (IAC) [2014] Imm. A.R. 196; [2014] I.N.L.R. 444. 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.

Ahmed (Amos; Zambrano; reg 15A(3)(c) 2006 EEA Regs) [2013] UKUT 00089 (IAC) UT established that: (1) Case C- 34-/09 Ruiz Zambrano has potential application even where the EEA national/Union citizen child of a third country national is not a national of the host Member State; and (2) that 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 commenced education.

Atapattu, R (On the Application of) v The Secretary of State for the home Department [2011] EWHC 1388 (Admin). A successful claim for damages resulting from unlawful retention of a passport of a student applicant for an entry clearance resulted in Defendant'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); [2011] Imm. A.R. 813. 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.



Scuba Diving