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Zane Malik KC
Year of call: 2007
Silk: 2021
“A prolific barrister who does a lot at a high level.” "The go-to silk for complex matters." (Chambers and Partners)
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.
Areas of expertise
Administrative and Public
Zane has wide experience in administrative and public law across different areas. He often acts for both individuals and the government in cases challenging administrative detention. He also advises and represents people in matters involving prison law, local government, social security, state support, and mental health.
Immigration and Business Immigration
Zane has extensive experience in business and commercial immigration, having represented both individual applicants and the government in some of the most high-profile and landmark cases in the field.
His current practice focuses on the business and commercial aspects of immigration law. He has wide experience advising and representing the government, national and multinational companies, high-net-worth individuals, and highly skilled professionals. This includes clients within Tier 1 (investors, entrepreneurs, and highly skilled migrants), Tier 2 (skilled workers, intra-company transferees, support staff, and ministers of religion), and Tier 5 (temporary workers). He also advises and represents educational institutions and international students under Tier 4.
In addition, his work covers advising and representing individuals seeking entry or settlement in the United Kingdom under various other categories of the Immigration Rules, including family members, partners, parents, children, stateless individuals, workers, and business or family visitors.
Civil Liberties and Human Rights
His human rights practice spans a broad range of areas. He advises and represents both the government and individuals seeking international protection, refugee status, and residence rights under the European Convention on Human Rights. His work covers cases involving asylum and humanitarian protection claims, fresh claims, family reunification, access to medical treatment, and claims based on the right to respect for private and family life.
EU Law
Zane has a broad practice in EU law. In particular, he advises and represents businesses and EU nationals, as well as their non-EU family members, on rights of free movement and the implications of Brexit and the Withdrawal Agreement. He also has experience advising and representing the government, as well as Turkish nationals and businesses, in relation to entitlements arising under the European Community Association Agreement with Turkey.
Public International Law
Zane's international law practice focuses on child abduction cases. He has particular expertise in the interaction between the 1980 Hague Convention on the Civil Aspects of International Child Abduction, as incorporated by the Child Abduction and Custody Act 1985, the 1951 Refugee Convention and Protocol, and domestic immigration law.
Local Government
Zane’s local government work covers public funding, state aid, public sector equality duties, human rights, and housing disputes. He has specialist knowledge of proceedings before the Social Entitlement Chamber and the Valuation Tribunal, as well as appeals and judicial reviews arising from their decisions.
Education
Zane has extensive experience advising and acting for educational institutions on matters of licensing and regulation. He also regularly advises and represents students and academics across a wide range of public law issues.
Healthcare
Zane has extensive experience advising and acting for care homes on matters of licensing and regulation. He also regularly advises and represents professionals working in the healthcare sector across a broad range of public law issues.
Parole Board and Prisons
His prison law practice focuses on challenging alleged breaches of the Prison Rules and the resulting sanctions. He also advises and represents individuals at Parole Board hearings and has experience advising and acting for HMP prisons and the Secretary of State for Justice in matters relating to prison law.
Equalities
Zane has acted both for and against the government in cases arising under the Equality Act 2010. He has specialist knowledge and experience of matters relating to public sector equality duties.
Medical Treatment Cases
Zane’s practice in medical treatment cases focuses on foreign nationals seeking to enter or remain in the United Kingdom to access healthcare. He has advised and represented both the government and private individuals on entitlement to adequate medical treatment, including claims concerning alleged breaches of Article 3 of the European Convention on Human Rights.
Information and Media
Zane's information law practice covers data protection and compliance with the General Data Protection Regulation (GDPR). He also handles cases relating to privacy and freedom of information.
Regulatory and Disciplinary
Zane regularly advises and represents individuals and institutions in regulatory and disciplinary proceedings. His 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 hearings before disciplinary tribunals, associated judicial review challenges, and appellate work. He has particular experience advising and representing solicitors in relation to the ‘Hamid’ jurisdiction of the High Court and the Upper Tribunal.
He also has significant experience advising and representing educational institutions and domestic businesses in relation to the Sponsorship Licence scheme, including challenges to suspension or revocation of licences and issues concerning compliance and sponsorship obligations.
Sport
Zane has experience with 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 seeking to enter and remain in the United Kingdom. His work includes advising and representing sports governing bodies and organisations on the sponsorship licences required to sponsor sportspersons and temporary workers. He also advises and represents individual sportspersons and organisations on disciplinary and regulatory matters.
Recommendations
- “The go-to silk for complex matters, particularly cases involving allegations of deception.” (Chambers and Partners).
- “Admired as a barrister who enjoys bringing creative angles to immigration cases, and who has appeared in important cases before the Supreme Court. He has encyclopedic knowledge of immigration law.” (Chambers and Partners)
- “A prolific barrister who does a lot at a high level.” (Chambers and Partners)
- “He lives and breathes immigration law and picks his points carefully.” (Chambers and Partners)
- “He is an expert in immigration law and knows it like the back of his hand. Always able to make a not so good case into a good one.” (The Legal 500)
- “Zane is an outstanding barrister with a tremendously good reputation, who instils confidence in his solicitors. The strength that stands out is his encyclopedic knowledge of case law, which is not limited to immigration or public law” (The Legal 500)
- “He … has a great legal mind in the field of immigration.” (The Legal 500)
- “Zane is a calm, collected and measured barrister. He is an excellent orator. He is also blessed with an almost eidetic memory on immigration statutes, case law and policy documents.” (The Legal 500)
- “Fine knowledge of immigration law; regardless of the issue, he always has a solution.” (The Legal 500)
Appointments
- Bencher of Lincoln's Inn
- Authorisation to sit as a Judge of the High Court
- Recorder of the Crown Court
- Deputy Judge of the Upper Tribunal
- Judge of the First Tier Tribunal
- Queen’s Counsel (now King’s Counsel)
- Bar Counsel's Representative to the Attorney General's Panel Selection Board
- Attorney General’s Counsel to the Crown (Panel B)
- Attorney General’s Counsel to the Crown (Panel C)
