Maria is a skilled and robust advocate whose practice encompasses all aspects of immigration law with a significant focus on international protection, human rights and public law. Maria has substantial expertise in representing vulnerable clients, whether due to age, lack of capacity or serious trauma in complex litigation.
Maria has a busy court practice, appearing almost daily in the First Tier and Upper Tribunals of the Immigration and Asylum Chamber; Maria has also appeared in the Administrative Court and the Special Immigration Appeals Commission unled. Maria has been described by a First Tier Tribunal Judge as having “…an unusually high level of skill and presence”.
Immediately prior to joining Goldsmith Chambers, Maria spent five years as a Senior Crown Prosecutor specialising in Youth Justice. Maria conducted the litigation and advocacy in relation to some of the highest risk and most complex work in area, including a substantial case load of youth modern slavery matters. Maria is skilled at conducting advocacy with vulnerable witnesses including those on the basis of youth, neurodiversity and adverse childhood experiences.
Maria continues to bring her dedication to seeking justice for the most vulnerable in society on her return to the self-employed Bar.
Prior to commencing pupillage, Maria gained substantial legal experience both in this jurisdiction and abroad, with a particular focus on human rights law. Maria spent three months interning at the state defender office in New Orleans, Louisiana, which represents all individuals at post-conviction appeal stage on death row; she has also volunteered for Refugee Legal Support in Greece during the height of the refugee crisis.
Languages spoken:
- French [fluent]
- Romanian [proficient]
- Portuguese [proficient]
Interested in instructing Ms Gherman?
Please call 020 7353 6802 or complete the form below:
Immigration Barrister
Maria is regularly instructed in publicly and privately funded appeals in both the First Tier and Upper Tribunals of the Immigration and Asylum Chamber; she has represented individuals from over 20 countries ranging from fear of non-state agents in Chechnya, pro-Kurdish political activity in Turkey, to a real risk of a breach of ECHR Article 3 due to lack of documentation in Iraq. Maria is regarded as having a high level of emotional intelligence combined with fearless advocacy.
Maria has successfully argued that Albanian former state agents who refused to engage in corrupt practises formed a distinct particular social group pursuant to Article 10(1)(d) of the Qualification Directive, thus creating a new subset of protection under the Refugee Convention [LK (Albania) v SSHD [2019] UKAITUR PA088792016].
Maria is passionate about keeping families together and regularly receives instructions in complex ECHR Article 8 cases including those involving step-parents, on-going litigation in the family jurisdiction and periods of overstaying.
Notable Cases
KPDGKF v SSHD [2019] UKAITUR PA039522018; successfully argued that the FtT Judge erred in failing to consider the appropriate starting point of the credibility assessment pursuant to Devaseelan and failed to apply the Sri Lankan in force country guidance in the assessment of plausibility
MA v SSHD [2018] UKAITUR PA057462018; successfully argued that the FtT Judge materially erred in the consideration of the evidence of a relationship where the Appellant faced persecution on return to Pakistan due to his sexuality
NSS v SSHD [2018] UKAITUR HU161382016; successfully argued that the FtT Judge erred in law, inter alia, on the basis of inadequate consideration of the best interests of a British child pursuant to ZH (Tanzania) [2011] UKSC 4 and jurisprudential authority on the removal of an EU child to a non-EU state
(1) JM, (2) GJM, (3) JGJ v SSHD [2018] UKAITUR HU055382015; successfully argued that the FtT Judge improperly conducted the ECHR Article 8 assessment in failing to come to a reasoned conclusion as to the best interests of the child prior to considering proportionality
ED v SSHD [2018] UKAITUR PA000322018; successfully argued, inter alia, that the FtT Judge failed to properly consider expert evidence as to the risk of re- trafficking and increased vulnerability on return to Albania as a result of an illegitimate child
AD v SSHD [2018] UKAITUR PA121282017; successfully argued, inter alia, that the FtT Judge failed to properly engage with objective evidence as to the treatment of HDP members in Turkey
MA v SSHD [2018] UKAITUR PA138442017; successfully argued the FtT materially erred in law in failing to grant an adjournment pursuant to Nwaigwe [2014] UKUT 418
SXU v SSHD [2018] UKAITUR PA102352017; successfully argued that the FtT Judge erred in failing to apply UNHCR Guidelines in relation to the evidence of a minor who claimed real risk on return to Ethiopia due to political support of G7
Public Law Barrister
As well her busy court diary, Maria regularly drafts grounds seeking permission to bring judicial review proceedings including challenges to fresh claims under §353 of the Immigration Rules, economic migration refusals, unlawful detention and certification. Maria obtained permission to bring judicial review proceedings on the papers three times on the same matter, relating to the former Tier 1 Entrepreneur Visa.
Maria regularly appears in oral permission hearings at the Upper Tribunal.
Maria has also appeared in the Special Immigration Appeals Commissions challenging the Secretary of State’s refusal to naturalise pursuant to section 6(1) of the British Nationality Act 1981 [CY v SSHD, SN/73/2018].
Inquests and Inquiries Barrister
Maria was instructed as Junior Junior Counsel to the Grenfell Tower Inquiry for over two years; her duties ranged from disclosure management to assisting with drafting the cross examination of witnesses from the insulation manufacturer.
