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.
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.
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.
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.
Instructed for SSHD. Administrative Court rejected Claimant’s argument that SSHD was required to deport him to Ireland. Now on appeal to the Court of Appeal (led by David Blundell at Landmark Chambers in Court of Appeal).
Instructed for SSWP. Upper Tribunal accepted SSWP’s argument that LO could not rely on EU law proportionality principle to establish entitlement to Income Support.
Instructed for SSWP. Upper Tribunal rejected FM’s ECHR and Equality Act 2010 challenge to the past presence test applicable to Disability Living Allowance.
Instructed as sole counsel for SSWP. The Court of Appeal held that Employment and Support Allowance (ESA) was not a “labour market benefit” payable to jobseekers from other Member States.
The Court of Appeal dismissed Mr Ahmed’s appeal against the decision of the Upper Tribunal in R (Bilal Ahmed) v SSHD  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.
Challenge to SSHD’s revocation of Tier 2 sponsor licence.
Test case on reg. 24AA of the Immigration (EEA) Regulations 2006 (“deport now, appeal later”). Led by David Blundell at Landmark Chambers
Test case concerning the application of Directive 2004/38 to dual nationals and their family members. Referred to the CJEU: see now Case C165/16, judgment 14 November 2017.
Instructed for SSWP. Case concerning EU social security co-ordination legislation and the domestic law “genuine and sufficient link” test. Now on appeal to Court of Appeal.
Test cases on new “genuine prospects of work” test applicable to EU jobseekers.
EU social security co-ordination legislation and retrospective payment of voluntary national insurance contributions.
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.
Directive 2000/78/EC and reasonable adjustments; application for permission to appeal. David Barr QC and Julia Smyth acted for the Ministry of Defence.
Whether the “age 65 cut-off” provisions applicable to Disability Living Allowance were contrary to EU law.
First case before the Upper Tribunal on reg. 24AA of the Immigration (EEA) Regulations 2006.
Three Judge Panel test case on domestic implementation of CJEU Case C-507/12 Saint-Prix – pregnant workers and worker status.
Test case on the applicability of the Zambrano principle to carers of adult Union citizens. The Upper Tribunal accepted that the Appellants did not benefit from Zambrano.
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  EWCA Civ 2028.
24th October 2017
Julia Smyth represented HM Revenue and Customs (respondent to the appeal) on 24 October.
20th October 2017
Julia Smyth, led by David Blundell at Landmark Chambers, represented the Secretary of State for Work and Pensions (“SSWP”) on 18 and 19 October 2017. Judgment has been reserved.
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.
3rd February 2017
Julia Smyth, instructed by the Government Legal Department, successfully represented the Secretary of State for the Home Department.
21st April 2016
In a judgment handed down today (Alhashem v Secretary of State for Work and Pensions  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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16th March 2016
Julia Smyth, instructed by GLD, represented the Respondent Secretary of State for Work and Pensions at the hearing on 15 March.
8th March 2016
Julia Smyth represented the Secretary of State for the Home Department (“SSHD”) in this judicial review claim, described by the Court as a test case, in which judgment was handed down today: R (Lounes) v SSHD  EWHC 436 (Admin).
8th March 2016
Julia Smyth, led by Colin Thomann at 39 Essex Chambers, successfully represented the Secretary of State for the Home Department (“SSHD”) before the CA.
GDPR Privacy Notice
Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all reasonable steps to protect your personal information. I will do all that I reasonably can to ensure I do not infringe your rights or undermine your trust.
This Privacy Notice describes the information I collect, how it is used and shared, and your rights regarding it.
I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, London, EC4Y 9DA and my registration number is Z3227520.
The vast majority of the information that I hold is provided to me or gathered in the course of and for the purposes of your case, proceedings or related matter.
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The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:
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Examples of legitimate interests include:
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My Lawful Basis is Legitimate Interest, namely the provision of professional services and the proper exercise of my professional obligations and responsibilities. My Lawful Bases may also include: consent and/or performance of a contract or steps to enter a contract and/or compliance with a legal obligation.
When I process sensitive personal data, I do so where necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity.
I use your information :
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I do not use automated decision-making in the processing of your personal data.
I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:
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I may share personal data with:
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Transfers to third countries and international organisations
I do not transfer any personal data to third countries or international organisations.
I retain personal data while you remain a client or for as long as is necessary for me to meet my legal and professional obligations. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held.
The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask me to correct any inaccuracies with the personal data I hold, you can ask me to stop sending you direct mail, or emails, or in some circumstances ask me to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website: http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
Accessing and Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me in writing at my registered address.
You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.
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I may update my Privacy Notice. When I make significant changes, I will publish the updated Notice on my website profile.