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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 also 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 a leading barrister specialising in public law and human rights, with an emphasis on immigration, asylum, nationality, EU and regulatory law.
Before taking silk, he spent 9 years on the Attorney General’s Panel of Counsel to the Crown advising and representing the government along with his established private practice. He acts regularly at the highest levels, both for and against the government.
He has particular expertise in appellate work and Judicial Reviews. He appears regularly at the Upper Tribunal, the High Court, the Court of Appeal and the Supreme Court. He has conducted over 250 substantive appeal hearings at Supreme Court and Court of Appeal level. The Upper Tribunal’s judicial reporting committee (IAC) has reported over 75 of his cases to be cited as precedents in other cases. His reported cases at the High Court are over 80. He often leads other barristers and legal teams in complex cases before the higher courts.
He contributes regularly to legal journals and other practitioners’ sources, and often speaks at legal conferences and professional development events.
Areas of expertise
Administrative and Public
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.
Immigration and Business Immigration
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).
Civil Liberties and Human Rights
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.
EU Law
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.
Public International Law
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.
Local Government
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.
Education
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
Healthcare
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.
Parole Board and Prisons
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.
Equalities
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.
Medical Treatment Cases
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.
Information and Media
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.
Regulatory and Disciplinary
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.
Sport
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.
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)
- “Fine knowledge of immigration law; regardless of the issue, he always has a solution.” (The Legal 500)
Appointments
- 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)
- Attorney General’s Counsel to the Crown (Panel B)
- Attorney General’s Counsel to the Crown (Panel C)