Kerry Smith

Immigration and asylum

‘Kerry is the full package in terms of what you want in a barrister: approachable, reliable, analytical, passionate, and her advocacy skills are faultless.’

– The Legal 500, 2024.

Kerry is an experienced immigration practitioner. She has practised in immigration law since being called to the bar in 2002, first as an advocate at a niche immigration solicitors firm and, from 2005, as a barrister at Garden Court North Chambers.

Kerry’s expertise enables her to represent individuals in all aspects of immigration, nationality, asylum and human rights law. She advises and represents individuals in cases in the First-tier and the Upper tribunal, the High Court and the Court of Appeal.

Recent cases have included:

• A broad range of asylum appeals;
• Up-grade appeals for unaccompanied minors;
• Representing vulnerable girls/women in gender-based persecution, FGM/C and trafficking cases;
• Entry clearance and settlement appeals in respect of spouses/partners, children, dependant relatives;
• Deportation of foreign nationals under the automatic provisions and on conducive good grounds;
• Medical cases;
• Article 8 appeals based on family and private life;
• EEA cases;
• Disputed nationality and stateless cases; and
• Exclusion of individuals accused of war crimes.

She is regularly instructed to represent individuals in judicial review proceedings.

Kerry is experienced at representing employers and businesses in various immigration matters, including, but not limited to: civil penalties for allegedly employing illegal workers, and sponsorship licences for employing Tier 2 and Tier 5 migrants.  Her work includes providing advice and representation in court proceedings, and extends to advising solicitors and employers on the practices and procedures employers ought to have in place.  Kerry is also an experienced employment law practitioner and her wealth of knowledge in this jurisdiction is of considerable assistance in providing advice and representation to employers with immigration or quasi-immigration issues.

Kerry is a contributor to the Ninth Edition of Macdonald’s Immigration Law and Practice.

Court of Protection

‘Kerry is very thorough and methodical, and demonstrates a good grasp of the facts in a case.’

– The Legal 500, 2024.

Kerry has a busy and developing Court of Protection practice, mainly acting for the protected party or relatives. She is regularly instructed by the Official Solicitor and numerous Accredited Legal Representatives.

Kerry deals with a wide range of health and welfare case, including section 16 applications and section 21A deprivation of liberty challenges.  She has experience of dealing with:

• The interface between the Mental Health Act 1983 and the Mental Capacity Act 2005
• Complex mental capacity issues arising in the domains of residence, care, contact with others, sexual relations, use of the internet and devices
• Best interests disputes
• Medical treatment
• Allegations of financial abuse and controlling coercive behaviour
• Injunctive orders
• Removal of lasting powers of attorney
• Appointment of deputies.

Kerry prides herself in working collaboratively with instructing solicitors, providing advice at every stage of proceedings.

Community care & mental health

Kerry acts for individuals in community care matters, including in judicial review proceedings. Her practice involves challenges to assessments, content of care plans and accommodation-related matters. Kerry’s particular expertise in immigration law enables her to ably represent individuals subject to immigration control in asylum support and community care judicial reviews. Her knowledge of discrimination law also lends itself to cases involving the overlap between discrimination and community care.

Memberships

Immigration Law Practitioners Association (ILPA)

Court of Protection Bar Association (COPBA)

Privacy Notice

Kerry’s Privacy Notice may be viewed by clicking here.

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