Abid Mahmood

Viewing: Immigration, Asylum and Nationality for Abid Mahmood

Direct Email: ama@no5.com
Abid Mahmood has been referred to within leading directories as an expert in three separate areas of law:
Immigration, Nationality and Asylum Law
Administrative and Public Law
Court of Protection and Community Care
In Immigration and Business Immigration he is recognised as one of the leading practitioners. He has appeared in and succeeded at the highest courts, including at the Supreme Court and Court of Appeal.
He has over 25 years’ experience as a barrister and has been sitting as a part time Judge since 2006. His other areas of interest include human rights law, commercial law, and contentious probate.
The Legal 500 (2020) refers to him as: “Very good for difficult and unusual cases.”
Chambers UK (2020) said, “Abid’s advocacy is quite beguiling. He is very impressive and persuasive on his feet and is almost able to ‘lull’ the court and the other parties into agreeing with him. He is also superb with lay clients and is able to pitch his advice in just the right way.”
Previous directories for 2019 and before have said:
The Legal 500 (2019) refers to him as: “A distinguished advocate”.
Chambers UK (2019) said, “He is responsive and gives clear advice. He is very courteous and has undeniable knowledge.” It also states that he is “Highly Experienced”.
“A forceful and persuasive advocate”
“He is extremely experienced and knows what to focus on in the higher courts to get you across the line”
“He is a respected immigration practitioner working for Claimants”
“Recognised for his broad experience of immigration cases, including matters concerning questions of asylum or human rights. Mahmood heads the immigration group at No5 Chambers.”
“Abid Mahmood is a genius”
“Personable and user friendly”
“Very responsive and a good team player”
“He represents clients in complex cases at the Court of Appeal and Supreme Court and has been instructed on many national security cases”
“In immigration: he is able to explain a complex legal framework to clients”
“Extremely precise and meticulous”
“An immigration law specialist – he is super-efficient and knows the law inside out.” “A senior junior with experience before the Supreme Court.”
“A Deputy Upper Tribunal Judge and a Special Advocate, Abid Mahmood covers the full range of immigration matters. He is recognised for his work on judicial reviews and has experience in handling national security proceeding”
He has advised companies, organisations, charities, high net worth individuals and others from the United States of America, the Cayman Islands, the Middle East, China, Russia, India, Pakistan, as well as from several African countries. He is regularly instructed in many areas of law, including those in which human rights issues arise. He has appeared in cases affecting family law including The Hague Convention, international adoption and abduction cases, including recent cases at the Court of Appeal of England and Wales. His freedom of movement and European Union law cases have included recent appearances at the Supreme Court of England and Wales. He is well versed in commercial law and issues.
In information rights and data protection he has advised and appeared in cases at the High Court.
He has advised and appeared on behalf of Charities in respect of legal disputes arising and has a commercial aspect to his advisory functions.
He lectures regularly and has provided training for both solicitors and barristers, and also for the Home Office. He has been invited to and has lectured in countries such as India and the UAE (Dubai) at the International Bar Association with thousands of delegates.
He works with teams of other national and international lawyers. He is particularly praised by independent legal directories for being a team player and good to work with.
He is recognised as a leading expert in his chosen areas of work.
Recommendations
“Abid’s advocacy is quite beguiling. He is very impressive and persuasive on his feet and is almost able to ‘lull’ the court and the other parties into agreeing with him. He is also superb with lay clients and is able to pitch his advice in just the right way.”
Chambers UK 2020
“Very good for difficult and unusual cases.”
Legal 500 2020
“He is responsive and gives clear advice. He is very courteous and has undeniable knowledge.”
Chambers UK 2019
“Highly experienced.”
Legal 500 2017
“Recognised for his broad experience of immigration cases, including matters concerning questions of asylum or human rights. Mahmood heads the immigration group at No5 Chambers’.”
Chambers UK 2017
“An immigration law specialist – he is super-efficient and knows the law inside out.” “A senior junior with experience before the Supreme Court.”
Legal 500 2016
Notable Cases
Some of the more complex recent immigration, asylum, nationality and human rights cases include the following:
BH Limited v Secretary of State for the Home Office [2018] E00RG038
Successful appeal against the Home Office in respect of Civil Penalty Notice. The Court granted the relief sought against the Home Office and also ordered that the Home Office pay 10,000 GBP in costs to the Appellant. Abid Mahmood represented the Appellant.
PF (Nigeria) v Secretary of State for the Home Department [2019] EWCA.
Issue concerned deportation of a person living in the UK since he was a teenager and whether his medical condition was such as to mean that deportation would breach Articles 3 and 8 of European Convention on Human Rights. Currently the subject of an application for permission to appeal to the Supreme Court.
BG (India) and others v SSHD (2019).
Appeal to the Court of Appeal. Permission granted by Court of Appeal. Secretary of State conceded the appeal with costs so no hearing required. Appellants and children all granted leave to remain. Issues included Article 8 ECHR and section117.
MA (Bangladesh) v SSHD (2019).
Tribunal hearing. 20 year-long residence. Appeal succeeded.
XX (Pakistan) v SSHD (2019).
Upper Tribunal. Successful asylum claim in respect of high profile applicant relating to political and blasphemy matters.
JZ v SSHD (2019).
Vulnerable client. Trafficking issues. Tribunal hearing.
Recent Judicial Reviews and paperwork in 2020 and 2019 are extensive, but a representative example includes:
Chinese claimants with British adult child who was a practising doctor in the UK. Succeeded in JR with costs payable by the SSHD.
Pakistani claimant doctor and his family seeking leave to remain after he made an error in respect of his self-drafted application for ILR. Succeeded in JR and obtaining leave for the doctor and his wife and children with costs payable by the SSHD.
Trafficking claim. Urgent drafting with successful injunction leading to removal directions being stopped.
Recent Business and High Net Worth clients in 2020/2019 have included:
Advising businesses in respect of important directors/employees movement to the UK
Preparing and advising in respect of applications for naturalisation following grant of ILR for Tier 1 clients
Civil Penalty cases
Impact of Brexit on businesses and duties to employees from EEA.
Other notable cases are extensive, but include:
Mandalia v Secretary of State for the Home Department [2016] 4 ALL ER 189; [2016] INLR 184. Supreme Court
Successful appeal at the Supreme Court. This case concerned the Government’s Points Based System and the issue of whether evidential flexibility was to be applied when incomplete applications were submitted. Abid appeared for the Appellant at the Supreme Court in this ground-breaking case. The Supreme Court held that instruction process was a matter of law which the court itself had to decide. The previous line of authority that the courts should adopt the Secretary of State’s own interpretation was wrong and should not be followed. The process instruction had stressed the need for flexibility and therefore it should have been allowed. The Supreme Court unanimously allowed the Appellant’s appeal.
Ali v Secretary of State for the Home Department [2016] INLR 2314
The Government introduced a new immigration rule that there be a pre-entry English language test pass before spouses could enter the United Kingdom. This test case which was commenced in the High Court led to the Supreme Court holding that there would be no breach of Article 8 or Article 14 of the European Convention on Human Rights and Fundamental Freedoms. Although the Appellant’s appeal failed, a declaration granted by the Supreme Court in respect of the basis upon which the case had been commenced in the High Court.
XX (anonymity granted to the client for safety reasons) v Secretary of State for Defence, Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Home Department (2016)
A human rights case in which an Afghan interpreter and operative has brought proceedings against the United Kingdom government in respect of breaches of policies and agreements in which he had been left behind in Afghanistan when UK forces had left that country.
Business Immigration cases include BITE College v Secretary of State for the Home Department
Successfully obtained permission to apply for Judicial Review at the Administrative Court which led to the SSHD withdrawing her decision to refuse a sponsorship licence.
Numerous successful Investor and extension applications, including other Tier 1 Entrepreneur applications in 2016 for clients from the Middle East, China, Turkey, Russia, India and Pakistan
R (on the application of Kardi) v Secretary of State for the Home Department [2014] EWCA 934 Civ July 2014
Court of Appeal. Subject: Human Rights. Issue: The new ‘Restricted Leave to Remain’ Policy and its application. To be the subject of a proposed application for permission to appeal to the Supreme Court.
R (on the application of Apata) v Secretary of State for the Home Department [2015] EWHC 888 (Admin)
High Court. Judicial Review. Subject: Human Rights and Immigration. Issues: Mental Health, deportation orders, sexual orientation.
MI (Pakistan) v Secretary of State for the Home Department. Court of Appeal. [2014] EWCA Civ 826, [2014] Imm. AR 1043.
The meaning of ‘persecution’ and whether discrimination of an Albino man could lead to him being granted refugee status.
Singh v Secretary of State for the Home Department Court of Appeal (Civil Division), [2014] EWCA Civ 932, [2014] Imm. AR 1141
Deportation concerning a man convicted of ‘historical’ serious offence and whether DP5/96 properly considered in light of section 84(1)(e) NIAA 2002. Historical injustice issues.
Secretary of State for the Home Department v Rodriguez, Mandalia and another. Court of Appeal. [2014] EWCA Civ 2
Evidential Flexibility. Permission to appeal granted to Mandalia.
JW (China) v Secretary of State for the Home Department. Court of Appeal. [2013] EWCA Civ 1526
Article 8 family life issues.
SS (Nigeria) v Secretary of State for the Home Department. Court of Appeal [2014] 1 WLR 998
Best interests of children issues arising out the conflict in respect of the public interest arising out of the requirement of deportation of foreign criminals and the duties towards British children of those persons.
R. (on the application of Ali and others) v Secretary of State for the Home Department Court of Appeal. [2014] 1 WLR
Pre Entry English Language requirement. Listed for hearing at the Supreme Court on 25th and 26th February 2015.
SS (Zimbabwe) v Secretary of State for the Home Department. Court of Appeal. [2013] EWCA Civ 237
Whether the regime in Zimbabwe was sufficiently safe to enable there to be a return of the Appellant. Successful appeals at the Court of Appeal with remittals to the Upper Tribunal.
C (A Child) (Practice: Setting Aside Consent Order in Abduction Proceedings), Re. Court of Appeal [2013] 2 FLR 1300
Hague Convention. Abduction of child.
Appointments
Recorder of the Crown Court (since 2008)
Recorder Civil Courts and Family Court (since 2008)
Deputy Upper Tribunal Judge (Immigration and Asylum Chamber) (since 2015)
First Tier Tribunal Judge (Immigration and Asylum Chamber) (since 2006)
Former Panel barrister Attorney General’s Panel of Special Advocates
Awards
Shortlisted for Barrister of the Year Law Society in 2014, 2013 and 2012.
Memberships
Immigration Law Practitioners Association
International Bar Association
Family Law Bar Association
Administrative Law Bar Association
Midland Chancery Bar Association
Criminal Law Bar Association
Qualifications
Approved by the Bar Council to undertake Public Access work

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