
Profile
Zane Malik KC is authorised to sit as a Judge of the High Court. He is a Recorder and sits as a Judge at the Crown Court. He is a Deputy Judge of the Upper Tribunal (IAC) and a Judge of the First-tier Tribunal (IAC). He is also a Bencher of Lincoln’s Inn.
He is a leading silk specialising in public law and human rights, with particular emphasis on immigration, asylum, nationality, EU, and regulatory law.
Prior to taking silk, he served for nine years on the Attorney General’s Panel of Counsel to the Crown, advising and representing the Government. He continues to act regularly at the highest levels, both for and against the Government. He has particular expertise in appellate advocacy and judicial review. He has conducted over 300 substantive appeal hearings before the Supreme Court and the Court of Appeal. More than 100 of his cases have been reported by the Upper Tribunal’s Judicial Reporting Committee (IAC) as precedents, and his reported decisions at the High Court exceed 100. He frequently leads other barristers and legal teams in complex litigation before the senior courts.
He has represented the Government in some of the most sensitive and significant cases concerning immigration, asylum, and human rights law in recent years. He appeared for the Home Secretary in lead appeals before the Supreme Court concerning the deportation of foreign criminals (HA (Iraq) and others) and the internal relocation of asylum seekers (SC (Jamaica)). At the Court of Appeal, he represented the Home Secretary in numerous high-profile appeals involving foreign nationals convicted of serious offences, including murder (KD (Turkey)), rape (MU (Bangladesh), CP (Jamaica)), grooming of children for sexual abuse (IW (India)), rape of a child (Starkey), robbery (Borgess), kidnapping of a child (Sicwebu), aggravated burglary and violence (KM (Zimbabwe)), sexual activity with a child (Mosira), kidnapping and attempted rape (OB (Nigeria)), drug offences with intent to supply (Ackom, AA (Nigeria)), lewd and lascivious behaviour with a child (OS (Jamaica)), dishonesty and false representations (LE (St Vincent)), grievous bodily harm and stabbing (Hirtie), fraud (Ojaleye), and perverting the course of justice (KB (Jamaica)). He has also represented the Home Secretary in notable deportation proceedings concerning terrorism, hijacking, extremism, hate speech, and antisemitic conduct.
In the asylum context, he has appeared for the Home Secretary in numerous policy-level cases, including the Rwanda removal litigation (AAA and others), relocation of asylum seekers (ASJ (Somalia)), employment restrictions (Cardona), trafficking (IJ (Kosovo)), dependants of asylum seekers (Chandran), the effect of previous appeal decisions (BK (Afghanistan)), UNHCR guidelines (KS (Iran)), country guidance on Ukraine (PK (Ukraine)), safe third country litigation (BE (Eritrea)), country guidance on Pakistan (MN (Pakistan)), permission to work policy (OH (Iraq)), statelessness (AZ (Kuwait)), detention (CSM (DRC)), returns to Malta (Hagos), and family reunion (KF (Syria)).
In the business, commercial, and general immigration context, he has represented the Home Secretary before the Court of Appeal in several prominent cases involving important points of law and policy. These include civil penalty notices for businesses employing immigration offenders (Akbars Restaurant), documentation of migrants (RAMFEL litigation), pending prosecutions policies (X), abuse of the Investor scheme (Wang), the Entrepreneur scheme (Junaid, Sajjad), Students category (Raza), electronic monitoring of migrants (Nelson), the effect of overstaying (Ali), consistency in decision-making (Chirco), tax discrepancies (Balajigari and others), switching immigration categories (Khattak), service of decisions (Kalsi), appeal rights (Firdawas), evidential flexibility policies (Mudiyanselage), fee waiver policies (DL (Zimbabwe)), long residence (Mangur), private and family life (Mudibo), insurmountable obstacles to relocation (Lal), procedural entitlements (Spahiua), validity of applications (Kousar), English language test fraud litigation (Akter), and the good character requirement (Amin).
He has also represented individual applicants and businesses in numerous landmark cases before the Supreme Court and the Court of Appeal. These include Article 3 claims based on ill-health (AM (Zimbabwe)), international child abduction (G v G), derivative rights (Shah and Patel), sponsor licence revocations (Prestwick and Supporting Care, New London College), deprivation of citizenship (Chaudhury), time limits for appeals (Chowdhury), COVID concession policy (Seerangan), automatic extension of leave (Mirza, Basir, QI (Pakistan)), dependency (Tipu), fairness (Ullah, Taj), very compelling cases (Yalcin), allegations of dishonesty and access to justice (Azad, Giri, Adedoyin), fresh evidence (Kanhirankandan), Article 8 claims based on marriage and family life (Alam), historical injustice (Rahaman), previous decisions (Sultana), appeal rights and the appellate framework (Mujahid, Anwar, Patel, AS (Afghanistan)), unaccompanied children (TN, MA and AA (Afghanistan)), the points-based system (Alvi, Pankina), concessionary policies on children (Munir), adult family members (Singh), removals policy (Oboh), immigration conditions (Anwar), long residence (Hoque, ZH (Bangladesh)), fee awards (Sandip Singh), the post-study work scheme (Raju), international students (Pokharial), investors and entrepreneurs (Olatunde and Khoteja), segregation policy (Ahmadi), the near miss doctrine (Miah), Gurkha veterans and their families (Gurung), abandonment of appeals (MM (Ghana)), and TOEIC cases (SM and Qadir, Mehmood, Ahsan).
He contributes regularly to legal journals and practitioner sources, and frequently speaks at legal conferences and professional development events.
Click Here: Zane Malik KC Significant Cases
Areas Of Expertise
Zane has a wide range of experience in administrative and public law generally across several fields. He regularly acts, both for individual applicants and the government, in claims concerning challenges to administrative detention. He also advises and represents in cases involving prison law, local government, social security, state support and mental health.
Zane has extensive experience of immigration and asylum work. He has represented both individual applicants and the government in some of the most high-profile and landmark cases on the subject.
His current practice focuses on business and commercial aspects of Immigration law. He has broad experience advising and representing the government, national and multinational businesses, high net worth, and highly skilled individuals. This includes those falling within Tier 1 (investors, entrepreneurs and highly skilled migrants), Tier 2 (skilled migrants, intra-company transfers, support persons and ministers of religion) and Tier 5 (temporary workers). He also advises and represents educational institutions and international students, falling within Tier 4. His experience includes advising and representing individuals seeking entry or settlement in the United Kingdom under various other categories of the Immigration Rules (such as, family members, partners, parents, children, stateless individuals, workers and business and family visitors).
Zane’s practice in relation to human rights law covers a range of areas. This includes advising and representing the government and those who seek international protection, refugee status and residence rights under the European Convention on Human Rights. This includes cases concerning asylum and humanitarian protection claims, fresh claims, family reunions, medical treatment and claims based on the right to respect for private and family life.
Zane has a broad practice as to EU law. This includes, in particular, advising and representing businesses and EU nationals (and their non-EU national family members) on the right to free movement and implications of Brexit. He also has experience of advising and representing the government and Turkish nationals and businesses in relation to entitlements arising from the European Community Association Agreement with Turkey.
Zane’s international law practice focuses on child abduction cases. He has particular expertise in the interplay between the Convention on the Civil Aspects of International Child Abduction 1980 as incorporated by the Child Abduction and Custody Act 1985 and the Convention and Protocol relating to the Status of Refugees 1951 and domestic immigration law.
Zane’s local government work includes public funding, state aid, public sector equality duties, human rights and housing disputes. He has specialist knowledge of work at the Social Entitlement Chamber and Valuation Tribunal and appeals and Judicial Reviews arising from their decisions.
Zane has extensive experience advising and acting for educational institutions in relation to licencing and regulation. He regularly advises and represents students and academics across a range of public law areas
Zane has extensive experience advising and acting for care homes in relation to licencing and regulation. He regularly advises and represents professionals working in the healthcare sector across a range of public law areas.
Zane’s prison law practice focuses on challenging alleged breaches of the Prison Rules and consequential sanctions. He also advises and represents individuals at parole board hearings. He has experience advising and acting for HMP prisons and the Secretary of State for Justice in cases concerning prison law.
Zane has acted both for and against the government in cases involving the Equality Act 2010. He has specialist knowledge and experience of the practice concerning public sector equality duties.
Zane’s practice as to medical treatment cases focuses on foreign nationals seeking to enter or remain in the United Kingdom in order to access medical treatment. He has advised and represented both the government and private individuals as to the entitlement to adequate medical treatment and associated claims as to breaches of Article 3 of the European Convention on Human Rights.
Zane’s information law practice covers data protection issues and compliance with the General Data Protection Regulation (GDPR). He also undertakes cases as to privacy and freedom of information.
Zane regularly advises and represents individuals and institutions in regulatory and disciplinary proceedings.
His current practice includes cases involving the Solicitors Regulation Authority, the Legal Ombudsman, the Office of Immigration Services Commissioner, the Bar Standards Board, the General Medical Council and the Nursing and Midwifery Council. This includes representation at the hearings before disciplinary tribunals, associated Judicial Review challenges and appellate work. He has particular experience advising and representing solicitors in relation to “Hamid” jurisdiction of the High Court and the Upper Tribunal.
He also has significant experience of advising and representing educational institutions and domestic businesses in relation to the Sponsorship Licence scheme. This includes challenges to suspension and revocation of Sponsorship Licences and issues concerning compliance and sponsorship obligations.
Zane has experience in relation to applications under Tier 2 (Sportsperson) and Tier 5 (Temporary Worker – Creative and Sporting) of the Points Based System in the Immigration Rules. He advises and acts for elite sportspersons and coaches intending to enter and stay in the United Kingdom. His work includes advising and representing sports governing bodies and organisations as to their sponsorship licences required to sponsor sportspersons and temporary workers. He also advises and represents individual sportspersons and organisations on disciplinary and regulatory matters.







