Gemma Loughran

Practice

Asylum and Immigration

Gemma regularly appears in the Asylum and Immigration Chamber of both the First and the Upper tier tribunal in immigration, complex asylum, and deportation appeals.

During pupillage Gemma worked on the current Somali country guideline case; AM & AM (armed conflict:risk categories) Somalia CG [2008] UKAIT 00091. Under Ronan Toal’s supervision Gemma developed a complex argument relating to causation which extended the ambit of protection covered by article 15(c) of the Qualification Directive. This was adopted by the tribunal in AM & AM. Due to this experience Gemma is recognised as having particular expertise in presenting Somali asylum appeals.

Gemma’s public law practice is predominantly immigration related. She is regularly instructed in a broad range of judicial review matters, including unlawful detention, fresh claim and age dispute cases.

As a long standing member of the Anti Trafficking Legal Project Gemma regularly represents victims of human trafficking. Recently, she successfully challenged a conclusive decision under the National Referral Mechanism not to recognise a claimant as a victim of trafficking.

Inquests and Civil Actions against the Police

Under the supervision of Leslie Thomas, Gemma gained extensive experience in inquests and civil actions against the police. She worked on a number of death in custody inquests including Michael Bailey; Edward Knightley; Andrew Winyard and Jonny Riley. Gemma appeared as junior counsel in the two week inquest of Godfrey Moyo, an article 2 restraint related death in Belmarsh prison.

Crime and Prison Law

Gemma has in-depth experience of criminal law and has appeared regularly in the Magistrates', Crown and Youth Court. Gemma’s background in the voluntary sector makes her particularly adept at dealing with vulnerable clients, including young defendants and those with mental health problems.

Background

Prior to coming to the Bar, Gemma worked as a caseworker for Refugee and Migrant Justice (formerly the Refugee Legal Centre), preparing and presenting substantive asylum appeals in the Asylum and Immigration tribunal.

Gemma worked as a legal intern at the Independent Jamaican Council for Human Rights in Kingston, Jamaica. She managed a caseload of eight death row prisoners who were due to be re-sentenced in line with new legislation.

Prior to her legal training Gemma worked for 4 years at a national parenting charity.  She developed and managed projects to make the charities services more accessible to a diverse range of parents.

Publications and Training

Book Review of Daniel Molecki, Human Rights and Non-Discrimination in the ‘War on Terror’. Journal of Immigration, Asylum and Nationality Law, December 2009.

• Contributed to casenote on Michael Bailey inquest, Inquest Law, April 2009.
• Worked with Amnesty International on their briefing paper on the implementation Council of Europe Convention on Action against Trafficking in Human Beings, March 2008.
• Researched and produced a country information pack on Moldova for use in case preparation for claims for international protection for victims of trafficking for the Anti-Trafficking Legal Project, February 2008.
• With colleagues drafted a response to the Home Office consultation on Proposals for a UK Action Plan to Tackle Human Trafficking for the Anti-Trafficking Alliance, April 2006.
• Developed and delivered training to the Central Criminal Court’s ‘Witness Service’ volunteers on diversity issues in the criminal justice system, October 2004.

Societies

Gemma is a member of Immigration Law Practitioners Association, Administrative Law Bar Association, Inquest Lawyers Group, Anti-Trafficking Legal Project, Human Rights Lawyers Association and Lawyers for Palestinian Human Rights.

Pro bono work

Gemma is committed to pro bono work and regularly undertakes work for Bail for Immigration Detainees, a charity who provide free representation for applicants at bail hearings. Gemma also works closely with Kent Law Clinic, a partnership between students, academics and solicitors and barristers who provide a public service for local people who need legal advice and representation but cannot afford to pay for it.