Bojana Asanovic

 

Year of Call: 2000

Practice Group(s): Immigration, Public & Regulatory

Portrait of Bojana Asanovic

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

Practice Profile:
Bojana has a wide-ranging practice in immigration and asylum matters at all levels of statutory appeals and judicial review challenges.

Bojana's specialist interests are in claims involving EU free movement, claims involving sexual orientation and gender identity and trafficking. She is instructed regularly in very complex cases involving vulnerable clients. She is experienced in dealing with high value business matters. Bojana has a wide interest and expertise in ECHR and is an experienced litigant before the European Court of Human Rights.

Described in Legal 500 "exceptional" in 2013, she was commented on as having "Specialist knowledge of sexual orientation and gender related international protection claims" in 2015, "Her knowledge of EU law is particularly impressive" in 2015, and "a go-to barrister for EEA law cases" in 2016.

Bojana had 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:
S, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1623 (Admin) claim for unlawful detention successfully established that a report by a GP in detention amounted to independent evidence of torture and SSHD had failed to act with diligence not having considered material evidence in relation to the claim resulting in liability for damages for unlawful detention.

Case 115/15 NA Pakistan - CJEU ruled on 3 distinct issues: retained rights of residence for divorced third country national spouses - victims of domestic violence under Article 13 Dir. 2004/38; rights of residence (if any) arising from the application of TFEU Art 20 and rights of residence of children of former workers under Reg. 1612/68. The reference followed from long domestic litigation (The Secretary of State for the Home Department v NA (Pakistan) [2015] EWCA Civ 140; NA v Secretary of State for the Home Department [2014] EWCA Civ 995 and Ahmed (Amos; Zambrano; reg 15A(3)(c) 2006 EEA Regs) [2013] UKUT 00089 (IAC) [2013] Imm. A.R. 540; [2013] I.N.L.R. 505).

NK, R (on the application of) v The Secretary of State for the Home Department (IJR) [2015] UKUT 431 (IAC) - a reported decision of a successful fresh claim challenge - lesbian from Cameroon.

AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin) a complex case seeking to establish breach of Art 3 by SSHD whose actions were claimed to have caused claimant to be tortured on return. The claim while ultimately not successful, led to a reference to Director of Public Prosecutions and the Attorney General of G4S for a prima faciae case of forgery.

Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) [2013] UKUT 00513 (IAC) [2014] Imm. A.R. 196 - guidance on right of permanent residence under Article 16 of Directive 2004/38/EC as capable of being established while a national of a Member State or a family member of that national is outside the host country.

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.

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 SSHD's liability in conversion under the Torts (Interference with goods) Act 1977.

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.

Membership:
ILPA, RLG

Languages:
Serbian

Interests:
Scuba Diving