Experience

Julia returned to self-employed practice at TGC in July 2012 following a successful and diverse career as a government lawyer. Since returning to chambers, Julia has developed a strong public and EU law practice, particularly in the fields of social security, EU free movement and immigration. Julia also specialises in insurance fraud. Julia was a pupil and then a tenant in chambers between 1996 and 2000.

Directories

‘A genuine and outstanding free-movement specialist, who handles cases beyond her call.’ (EU Law) Legal 500 2017

‘An effective advocate with an encyclopaedic knowledge of free movement issues.’ (EU Law) Legal 500 2016

Professional Memberships

ALBA

Languages

French and German (working knowledge)


Attorney General Panel

Appointed to C panel

SECRETARY OF STATE FOR THE HOME DEPARTMENT V SHAH & BOUROUISA [2017] EWCA CIV 2028

Sole counsel for SSHD in two test cases in the Court of Appeal, concerning the Zambrano principle and the implications of Case C-133/15 Chavez Vilchez and others in “family unit” cases. David Blundell of Landmark Chambers represented SSHD in a linked appeal concerning adult carers of British citizens.

ARTHUR V HER MAJESTY’S REVENUE AND CUSTOMS [2017] EWCA CIV 1756

Instructed as sole counsel for HMRC. The Court of Appeal upheld HMRC’s decision that Mrs Arthur’s husband was ordinarily resident in the UK and thus that she ought to have made a joint claim for tax credits.

SECRETARY OF STATE FOR WORK & PENSIONS v GUBELADZE [2017] EWCA CIV 1751

Case concerning: (i) the quality of residence necessary to establish permanent residence under Article 17 of Directive 2004/38; and (ii) the proportionality of the extension of the Worker Registration Scheme between 2009 and 2011. Instructed for SSWP, led by David Blundell at Landmark Chambers.

R (SINGH) V SECRETARY OF STATE FOR THE HOME DEPARTMENT [2017] EWHC 1138 (Admin)

Instructed for SSHD. Administrative Court rejected Claimant’s argument that s.120 of the Nationality, Immigration and Asylum Act 2002 required SSHD to consider an application based on EU law rights. Claimant’s reliance on EU law principle of equivalence also rejected.

FM V SSWP (DLA) [2017] UKUT 380 (AAC)

Instructed for SSWP. Upper Tribunal rejected FM’s ECHR and Equality Act 2010 challenge to the past presence test applicable to Disability Living Allowance.

R (BILAL AHMED) V SECRETARY OF STATE FOR THE HOME DEPARTMENT, COURT OF APPEAL [2016] EWCA Civ 603

The Court of Appeal dismissed Mr Ahmed’s appeal against the decision of the Upper Tribunal in R (Bilal Ahmed) v SSHD [2015] UKUT 00436 (IAC), in which the UT held that Mr Ahmed did not have a right of appeal which was suspensive of his removal. Instructed for SSHD, led by Colin Thomann at 39 Essex Chambers in Court of Appeal.

Garland v HMRC [2016] UKUT 0431 (TCC)

EU social security co-ordination legislation and retrospective payment of voluntary national insurance contributions.

Sala (EFMS: Right Of Appeal) [2016] UKUT 00411 (IAC)

Instructed for SSHD. Test case on appeal rights of those claiming to have a right to reside as an extended family member under EU law.

Court of Appeal hands down important judgment on “Zambrano” principle

13th December 2017

Julia Smyth, instructed by the Government Legal Department, successfully represented the Secretary of State for the Home Department (“SSHD”) in two of the appeals, concerning the parents of British citizen children; David Blundell, of Landmark Chambers, successfully represented SSHD in the third, concerning the primary carer of an adult British citizen. The judgment is reported as Patel v SSHD; SSHD v Shah and Bourouisa [2017] EWCA Civ 2028.

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Court of Appeals hears Zambrano appeals

14th July 2017

Julia Smyth, instructed by the Government Legal Department, represented the Secretary of State for the Home Department (“SSHD”) in two of three appeals heard by the Court of Appeal on 12 and 13 July. David Blundell of Landmark Chambers represented SSHD in the other appeal.

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Court of Appeal dismisses ESA / EU jobseeker appeal

21st April 2016

In a judgment handed down today (Alhashem v Secretary of State for Work and Pensions [2016] EWCA Civ 395), the Court of Appeal has accepted that jobseekers from other Member States are not entitled to claim Employment and Support Allowance (“ESA”). Julia Smyth successfully represented the Secretary of State.

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