Immigration & EU Law
Overview
Eva is a specialist in all areas of immigration law including family, asylum, deportation, detention, nationality and trafficking.
She has expertise in EU free movement law, the impact of Brexit on EEA nationals and their family members, and asylum inadmissibility provisions. Eva regularly delivers training on these topics on behalf of ILPA (her trainer profile can be accessed here), HJT and solicitors in-house. She has also drafted Practice Notes and case analyses for Lexis Nexis and Thompson Reuters Practical Law and is a Free Movement blog author.
Prior to joining the Bar, Eva worked for over four years, on a wide range of immigration and public law matters at Laura Devine Immigration Solicitors and as an assistant to Mark Symes.
Notable Cases
R (otao AA) v SSHD (Rwanda) [2023] EWCA Civ 745 (on appeal: [2022] EWHC 3230 (Admin) (19 Dec 2022))
Alongside Sonali Naik KC, Adrian Berry, Mark Symes and Isaac Ricca-Richardson, Eva represented one of the Claimants (AS) in the Divisional Court and Court of Appeal proceedings concerning the UK Government’s policy to send asylum seekers to Rwanda for their refugee claims to be processed there rather than in the UK. As part of this litigation, Eva was also involved in the interim relief proceedings which were heard by the Administrative Court and the Court of Appeal on 14 June 2022.
This litigation has been widely reported in both international and national media including by Sky News, BBC News, CNN, The Guardian and many more.
Singh v SSHD [2022] EWCA Civ 1054; [2022] 7 WLUK 328
Eva was instructed alongside Gordon Lee in this matter before the Court of Appeal. The Appellant, an extended family member of an EEA national, appealed the SSHD’s refusal to issue him with a residence card under the Immigration (European Economic Area) Regulations 2016. The case turned on the First-tier Tribunal’s approach to the financial support the sponsor (the EEA national) had provided towards the Appellant’s education. The case provided important guidance in relation to the question of dependency under EU law and the Withdrawal Agreement.
R (otao JGK) v SSHD JR-2022-LON-001559
Judicial review claim challenging delays in considering an application by an Afghan national for relocation to the UK under the Afghan Relocations and Assistance Policy (APAP) scheme. The case settled following a grant of permission by the Upper Tribunal.
ED (Albania) v SSHD UI-2021-001322
Eva successfully represented an Albanian male victim of trafficking before the Upper Tribunal (Immigration and Asylum Chamber) against a decision by the First-tier Tribunal to dismiss his protection and human rights claim.
R (otao AA) v SSHD JR/482/2021
Judicial review claim against refusal of AA’s application for family reunion with his brother in the UK under the Dublin III Regulations. Eva was instructed alongside Rebecca Chapman of Garden Court Chambers. This case has been covered by The Independent.
R (otao AD) v SSHD CO/2688/2021
This is the first of a number of Judicial Review claims challenging the SSHD’s policy not to issue family permits to extended family members of EEA nationals who succeed in their applications or appeal after 30 June 2021. Eva was instructed alongside Emma Daykin at One Pump Court chambers. Both ILPA and Here for Good have been involved in this litigation. This has been covered by Politico and The Independent.
Eva was instructed by an international organisation to conduct a high-level risk assessment of secondary legislation aimed at implementing the immigration changes following Brexit, and how this will affect those exempt from immigration control. Her work fed into submissions made to the Government which eventually led to legislative amendments in this area.
