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:
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, sexual orientation and gender identity and trafficking. She is instructed regularly in legally very complex cases, as well as those involving vulnerable claimants. She is experienced in dealing with high value business matters. Bojana has a wide interest and expertise in ECHR.

Chambers and Partners 2019 said "She is very smart on the law but also on wider public policy and has excellent background knowledge which she marshals to her cause with great effect."

Described in Legal 500 "exceptional" in 2013, she was said to have a "specialist knowledge of sexual orientation and gender related international protection claims" in 2015. It was said that "her knowledge of EU law is particularly impressive" in 2014, and that she was "a go-to barrister for EEA law cases" in 2016. In 2017 she was described as "an effective advocate, whose knowledge of LGBT issues affecting clients in the immigration sphere is unrivalled."

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:
Gauswami (Retained right of residence, Jobseekers) [2018] UKUT 275 (IAC) in order to retain a right to reside upon divorce, a third country national spouse of a Union citizen needs to be a worker in the sense of Article 45 TFEU at the time of divorce, which includes being a jobseeker. The case also addressed issues around the requisite time for the third country national to be a worker in order to retain the right to reside.

IS, 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 C-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 of children of former workers under Reg. 1612/68 as well as those arising from the application of TFEU Art 20. 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 judicial review of a refusal of a fresh claim by a 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 facie case of forgery.

Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) [2013] UKUT 00513 (IAC) [2014] Imm. A.R. 196 - permanent residence under Article 16 of Directive 2004/38/EC can be established while a Union citizen or a family member of that national is outside the host country at the time it is acquired.

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, 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 – Former Country Guidance decision on risk factors to lesbians in Albania. After grant of permission on all grounds on appeal (including treatment of expert evidence) the case was remitted to the Upper Tribunal. MK was granted asylum and the appeal is no longer extant. The decision established that there was a risk to gay men.