Mark has considerable experience appearing before the First-Tier and Upper Tribunal in all types of immigration, human rights and asylum cases, both publicly and privately funded. He is also well-versed in drafting skeleton arguments in the most complex of appeals. He is also regularly instructed in cases at Court of Appeal level.
Mark frequently appears in immigration and detention-related judicial reviews in both the Administrative Court and Upper Tribunal. He regularly drafts statements of grounds in such cases.
A previous practice in criminal law and current practice in prison law ensures that Mark has particular aptitude for deportation matters. He understands the particular complexities of criminal sentencing and prison/probation procedures, as well as the assessment of risk posed by offenders. He frequently assists in the instruction of psychologists for the provision of independent opinion on risk of reoffending and serious harm to the public.
Mark is known to be able quickly to establish a rapport with lay-clients, explaining difficult concepts in a manner that can be understood and putting them at ease, which is vital in a forum where the most sensitive matters are frequently aired.
In 2004, Mark received Legal Services Commission / Bar Council accreditation as an asylum advocate following comprehensive training.
Mark regularly provides CPD-accredited lectures to other legal representatives in immigration topics.
POSITION:
Deputy Head – Immigration Group, No5 Barristers’ Chambers
Recommendations
“Mark has a very detailed knowledge of asylum and immigration law and is wonderful at advising on practical and ethical issues that arise. He is also involved in providing training and discussion groups on tribunal matters outside of his day-to-day advocacy which shows a commitment to developing and contributing to this area of law.”
Legal 500 2023
“Mark is very user friendly.”
Chambers UK 2023
“With the immense support I received with my first appeal there was no turning back and I have never hesitated in booking him for other asylum appeals. He has tremendous knowledge and experience especially with Iraqi/Iranian appeals. He is a fantastic counsel and extremely thorough with the preparation of appeals.”
Legal 500 2022
Ranked Tier 2 in Immigration
Chambers UK 2022
“He is amazing. He is very practical and hands-on in terms of looking at and preparing bundles, and he knows what case law to use.” “His strengths include attention to detail, his knowledge of asylum law and procedure and his constant and regular engagement with the solicitor and the case. He puts clients at ease.”
Chambers UK 2021
“He gives rational, logical, honest and proper analyses, always putting his client’s best interests first.”
Legal 500 2021
“Particularly experienced in asylum claims and human rights issues.”
Legal 500 2020
“He has got some very good results for me, is dedicated and responsive.”
Chambers UK 2020
Notable Cases
R (on the application of TN (Afghanistan) v SSHD (2011))
Assisted in the preparation of this case at first instance in the Administrative Court. It involved appeal rights and status of former unaccompanied minor Afghans. Case now finally decided in the Supreme Court.
OD (Jamaica) v SSHD (2013)
Complex deportation claim involving historic offending by an Appellant with learning difficulties. Issues in the case included the ability to re-establish in Jamaica and the best interests of several affected children. Successful before the First-tier Tribunal. Currently instructed before the Court of Appeal in ongoing proceedings.
BW (Afghanistan) v SSHD (2014)
Instructed in this asylum appeal in the First-tier Tribunal involving a former Afghan military cadet. Procedural irregularities arose during the hearing requiring me to draft a witness statement and then to return the matter to alternative counsel for the Upper Tribunal proceedings. This led to the decision of The President, The Hon. Mr Justice McCloskey, in BW (witness statements by advocates) Afghanistan [2014] UKUT 00568 (IAC), where my conduct in this manner was described as “impeccable”. It was said that my approach had meant that “the highest standards of professional conduct and ethics were duly observed” (para 8).
HA (Turkey) v SSHD (2015)
Succeeded both before the First-tier Tribunal and in defending the Secretary of State’s appeal to the Upper Tribunal. Deportation.
KL (Stateless) v SSHD (2015)
Deportation case involving a statelessness claim and refugee/human rights grounds. Successful in establishing statelessness in the First-tier Tribunal.
BH (Jamaica) v SSHD (2015)
Succeeded before the First-tier Tribunal in a long residence case where there were doubts over the evidence advanced to prove 20 years of continuous residence.
ZA and MF (Pakistan) v SSHD (2015)
Succeeded in First-tier Tribunal on Article 8 ECHR grounds in an appeal against the refusal of leave to remain to allow a mother and father to remain in the UK with their child following the latter suffering from life-threatening illness.
NES (Libya) v SSHD (2017)
Asylum/Human Rights/Humanitarian Protection case. Successful in First-tier Tribunal on Articles 3 and 8 ECHR in relation to a child with autism. Home Office appeal in the Upper Tribunal raised issues in relation to the case of Paposhvili v Belgium and Article 3 medical issues. Home Office conceded the case on humanitarian protection grounds.
SM and SKM (Afghanistan) (2018)
Representing uncle and nephew in linked asylum appeal before the First-tier Tribunal, in a case involving a vulnerable minor appellant, and another appellant charged with serious criminal matters.
KB (Albania) v SSHD (2018)
Succeeded in First-tier Tribunal in deportation appeal in relation to a second criminal matter following an earlier successful appeal against deportation in the Tribunal. Issues of best interests of the child arose. Upper Tribunal proceedings are pending.
R (oao) GS v SSHD (2018)
Instructed in ongoing judicial review proceedings in relation to Tier 2 PBS leave revoked following the cancellation of a sponsorship licence for a Sikh Gurdwara where the Applicant was employed.
AAH (Iraqi Kurds – internal relocation) Iraq CG [2018] UKUT 00212 (IAC)
Pending Country Guidance before Upper Tribunal on issues of internal relocation for Kurds from outside of the IKR required to establish themselves in the IKR on return.
Appointments
Visiting Professional Fellow, Human Rights, Aston University Law School
Recorder
Fee-paid judge of the First-tier Tribunal (Immigration and Asylum Chamber)
Awards
Prince of Wales Scholarship from Gray’s Inn
Memberships
Midlands Circuit
Immigration Law Practitioners Association (ILPA)
Qualifications
LLB (Hons)
