Bernadette Smith > 1MCB > London, England > Barrister Profile

1MCB
1 MCB Chambers
5 Chancery Lane
London
WC2A 1LG
England

Email firm Visit website 020 7452 8900 020 7452 8999

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Work Department

Immigration & asylum; Public law & judicial review; International law

Position

Bernadette has a busy practice with a focus on immigration, asylum and judicial review. She is committed to representing publicly funded and vulnerable clients and is experienced in doing so in all areas of her practice. She regularly delivers training on asylum, on changes to the immigration system and recently co-authored two working guides, one for representatives and one for unrepresented appellants, on the procedural changes that were introduced into the Immigration and Asylum Chamber due to the pandemic.

Bernadette has advised a number of organisations on legal challenges and applications and worked with the Jesuit Refugee Service UK, Equal Rights Trust, Reprieve and Lambeth Law Centre.

Before coming to the bar, Bernadette volunteered in immigration and housing for two and a half years at Lambeth Law Centre. For the final year she worked as a senior immigration caseworker as well as being involved in providing outreach immigration advice to a domestic violence charity.

Prior to pupillage Bernadette developed an interest in restorative justice and mediation while volunteering on youth referral order panels for a couple of years as a panel chair, facilitating discussions with young people about reparation and minimising the risk of reoffending.

She is a trustee of Evolve – Foundation for International Legal Assistance and has been involved in its ongoing work, preparing written submissions for criminal appeals and re-sentencing in Uganda.

Recent notable case: R (on the application of HM) v Secretary of State for the Home Department; R (on the application of MA and another) v Secretary of State for the Home Department (Privacy International intervening) [2022] EWHC 695: This was a case which concerned the Home Office’s operation of a secret policy whereby officers were to search all migrants arriving by small boat to the UK, to seize and retain their phones without allowing access to the contents, and to download all data under a secret, blanket policy until November 2020. Significant concessions were made prior to the hearing and the Court further held that there was no lawful basis to search migrants and seize their phones on a blanket basis under the provisions used by the Home Office under para.25B, schedule 2 of the Immigration Act 1971 and s.48 of the Immigration Act 2016.

Bernadette has been ranked for the last three years as a leading junior in Legal 500:

“She really is a people’s barrister’, with empathy and making sure clients are comfortable” (2020);

“Bernadette is accessible and engaged throughout the preparation period, her knowledge in immigration and asylum matters is excellent, she is creative, very bright, and her input is invaluable” (2021).