PracticeNicola Rogers' prolific activity at the ECJ on asylum and immigration law issues and their interaction with the EU has markedly raised her profile among observers. A European specialist - "her knowledge is extraordinary" - she advises on those areas where immigration intersects with EU issues. She works on a good proportion of human rights-related counsel, including the rights of British citizen children whose parents are not British or are from an EU accession country. Lawyers agree that "the British government always gives a conservative interpretation to European directives and she is the leading thinker to ensure that the other side gets a push." Interviewees were unanimous in their portrayal of her as "a lateral-thinking, innovative advocate with great clarity of thought. Chambers & Partners 2008
Nicola Rogers enters the table for the first time this year on the strength of her European law expertise, and a track record of ECJ appearances, including TUM v Secretary of State for the Home Department. Legal 500 (2007)
Nicola has worked in Immigration and asylum law at all levels. She has expertise in EU free movement law and EC Association Agreements and has also appeared before the ECJ on a number of occasions – most recently in case of Ozturk and Akyuz in 2007.
Also a specialist in human rights law: she has represented before the European Court of Human Rights in a wide range of cases. Nicola is very experienced in using the European Court’s procedures and making emergency applications in deportation cases. Cases include Hilal v the UK (2001) 33 EHRR 2; Seyhan v Turkey (2/11/2004) Experienced legal trainer in both EU and ECHR law including for the Asylum and Immigration Tribunal. CareerBarrister in private practice (1998-2000; 2002-present)
Assistant Director AIRE Centre (Advice on Individual Rights in Europe) (2000-2002). Legal consultant HM Inspector of Prisons (2002-2003).
Consultant UNHCR Strasbourg (1998).
PublicationsAuthor “Practitioners’ Guide to the EC-Turkey Association Agreement” (2000, Martinus Nijhoof). Contributor “Handbook on European Enlargement” (2002). Co-author “Free Movement of Person in the Enlarged European Union” (Dec 2004, Sweet & Maxwell). “EU Asylum and Immigration Law” (co-edited with Steve Peers) (Brill Publications, September 2006) Frequent contributor to various legal journals on EU and ECHR issues. Notable casesAL (Serbia) v SSHD - discriminatory application of SSHD's one off exercise, CA ,[2006] EWCA Civ 1619
N v SSHD, - constructive removal of British citizen child, CA, [2006] EWCA Civ 414
R (on the application of (1) OZTURK (2) PAYIR (3) AKYUZ v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (2006) [2006] EWCA Civ 541 - has been referred to the European Court of Justice by the Court of Appeal, pending before ECJ R (on the application of Ozturk & Akyuz) v SSHD[2005] EWHC 1433 (Admin); R (on the application of G) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2005) [2005] EWCA Civ 546.
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