Year of Call: 1995
Charlotte practices exclusively in immigration, asylum and nationality law at all levels of the tribunal and higher courts.
Charlotte is extremely popular with her colleagues, solicitors and clients and has a very busy and enviable practice, which includes considerable higher court work. She offers a rare combination of being approachable and supportive, preparing her cases meticulously and rigorously and representing her clients with force and vigour at court. Her stand out feature is her obvious passion for her work.
Charlotte has developed huge expertise in EU cases, unlawful detention and in asylum and criminal deportation appeals to name only a few of her areas of practice. She also sits as a First-tier Tribunal judge.
In suitable cases, Charlotte will undertake public access work directly for members of the public.
Areas of practice
Immigration, Nationality and Asylum.
Human Rights
Judicial Review
Notable Cases
Charlotte is presently involved in two country guidance cases concerning Afghan Sikhs and Iranian Christian Converts, as well as a reported case in relation to physical scarring in Sri Lankan Tamil asylum claims and the proper approach to be taken by the Tribunal in relation to medico-legal reports.
LA v SSHD (Algeria) [2000] UKIAT 00TH00570 (26 May 2000)
SV (Passport Renewal) Sri Lanka [2003] UKIAT 00125
S v SSHD (Afghanistan) [2003] UKIAT 00122 (30 October 2003)
S v SSHD (Sri Lanka) [2004] UKIAT 00039 (05 March 2004)
RP (EEA Regs – worker – cessation) Italy [2006] UKAIT 00025
Katshunga, R (on the application of) v Secretary of State for the Home Department [2006] EWHC 1208 (Admin) (05 May 2006)
FS (Iraq) v SSHD [2007] EWCA Civ 928 (26 July 2007)
FA (Somalia) v SSHD [2008] EWCA Civ 563 (01 May 2008)
KG (Sri Lanka) v SSHD [2008] EWCA Civ 664 (21 May 2008)
AS (Sri Lanka) v SSHD [2008] EWCA Civ 717 (05 June 2008)
RU (Sri Lanka) v SSHD [2008] EWCA Civ 753 (02 July 2008)
P, R (on the application of) v SSHD [2008] EWHC 2447 (Admin) (24 September 2008)
FN (Zimbabwe) v SSHD [2010] EWCA Civ 255 (16 March 2010)
XY v SSHD [2010] EWCA Civ 770 (15 June 2010)
Vellaokuddi, R (on the application of) v SSHD [2010] EWHC 415 (Admin) (04 March 2010)
SS (Sri Lanka) v SSHD [2011] EWCA Civ 76 (09 February 2011)
SSHD v SK (Sri Lanka) [2012] EWCA Civ 16 (19 January 2012)
SS (Sri Lanka) v SSHD [2012] EWCA Civ 155 (21 February 2012)
R (TK) v SSHD – CO/2094/2013 & R (II) v SSHD – CO/2100/2013 - 28th February 2013 - This case involved much media attention as it succeeded in blocking the removal of failed asylum-seekers by charter flight to Sri Lanka. The High Court gave judgment in favour of the appellants due to the wealth of evidence presented on the deteriorating situation for Sri Lankan-Tamils returning from abroad. The Upper Tribunal was also due to hear the country guidance in relation to Sri Lankan Tamil asylum-claims so the High Court also established that it would not be lawful for any failed Tamil asylum-seekers to be returned until the country-guidance case was determined and the risk to this group properly assessed, a phenomenal achievement.
FA (Iraq) v SSHD - C5/2013/0166 & LJ (Somalia) v SSHD - C5/2013/2475 (February 2014) - Hugh Southey QC and Charlotte were recently instructed in two appeals that argued that (relying on EU law as well as other matters) where a person was at risk of persecution in their home state, the fact that there was a third country that had previously offered protection did not result in a denial of protection unless, among other matters, the SSHD could demonstrate that they would be re-admitted to the third country. Earlier the Tribunal had ruled that the burden was on the appellant to demonstrate that they would not be re-admitted. The SSHD conceded both appeals and in the second case accepted an error of law thereby remitting it back to the Tribunal for reconsideration.
KV (scarring - medical evidence) Sri Lanka [2014] UKUT 00230(IAC) - click here for judgement.
Appointments
Charlotte sits as a Judge of the First-Tier Tribunal in Asylum support.
Qualifications
LLB at South Bank University
LLM in International Human Rights Law at Essex University.