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Zahab Jamali

Barrister

Year of Call: 2009, The Honourable Society of Lincoln’s Inn

Overview

Zahab is an immigration law practitioner whose experience and in-depth knowledge in this practice area is well-recognised and unrivalled. He is currently a Partner and Head of Immigration and Public Law at Ashton Ross Law and simultaneously oversees complex litigation as a Partner at a reputable law firm in Pakistan.

His portfolio of clients includes a diverse range of international and local clients, solicitors from other firms and individuals from various ethnicities ranging from South American to Asian, European to African. His approach is tactical, meticulous and solution-oriented so as to achieve the best results for his clients.

Notable Cases

  1. AW v SSHD [2021] EWCA Civ 346 – Court of Appeal sets aside decision of Upper Tribunal Judge. The Court considered whether procedural fairness requires applicant to be provided an opportunity to respond to allegation of dishonesty in an entry clearance application. Carr LJ commented at [32] that: ‘this is an important point which does not appear to have been considered directly in any of the authorities to date’. Permission was granted and the matter was remitted back to the Upper Tribunal to provide detailed guidance on this novel argument.
  2. Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 – Zahab appeared as Counsel before Lady Justice King and Lord Justices Lewis and Baker in a deportation appeal in which he was granted permission to appeal from the Upper Tribunal.
  3. Mahmud v SSHD [2021] EWCA Civ 1004 – Zahab appeared as Counsel before Lord Justice Singh and Dingemans and Sir Nigel Davis in an appeal against a decision to refuse permission to apply for judicial review.
  4. PG v SSHD (JR/1345/2020) – SSHD conceded the claim with costs following grant of permission by Upper Tribunal Judge O’Callaghan and withdrew the decision under challenge, whereby Applicant Tier 4 application had been refused due to a criminal conviction.
  5. TM v SSHD (JR/2386/2020) – SSHD conceded the claim with costs and withdrew the decision to refuse entry clearance as a visitor
  6. JN v SSHD (CO/4700/2019) – SSHD conceded the claim with costs and withdrew the decision to refuse entry to the claimant and to remove him from the United Kingdom. The SSHD subsequently also paid damages for unlawfully detaining the claimant.
  7. MP v SSHD (JR/6445/2018) – SSHD conceded the claim with costs and withdrew the decision under challenge. The case raised an important issue of extension of the High Court’s principle in MK v SSHD [2017] EWHC 1365 to register stateless children over 5 years of age as British national to granting leave to remain to stateless children under 5 years of age. SSHD only conceded once permission to bring judicial review had been granted by Upper Tribunal Judge Grubb.
  8. AA v SSHD (JR/3331/2019) – SSHD conceded the claim with costs and withdrew the removal window issued to remove the applicant. The applicant was subsequently granted residence card under the EEA Regulations.
  9. NG and another v SSHD (JR/2398/2019) – SSHD conceded the claim with costs and withdrew the decision to refuse applicants’ application as Tier 1 Entrepreneur, following grant of permission by Upper Tribunal Judge Latter. The applicants were subsequently granted leave as Tier 1 entrepreneur and the SSHD also refunded their Home Office fees.
  10. GK v SSHD (CO/709/2020) – Claimant had challenged the delay in deciding revocation of his British nationality. SSHD promptly then issued the decision but contested the costs. Fordham J awarded costs to the claimant.
  11. GF v SSHD (JR/934/2020) – SSHD conceded the claim with costs and withdrew the decision to refuse entry clearance as Tier 1 Entrepreneur to the applicant. The applicant was subsequently granted entry clearance as Tier 1 Entrepreneur successfully.
  12. AB v SSHD (JR/1436/2020) – SSHD conceded the claim with costs and withdrew the decision to refuse entry clearance as Tier 1 Entrepreneur, following grant of permission by Upper Tribunal Judge Keith
  13. GN v SSHD (CO/30/2020 and G01CL846) – SSHD conceded the claim in High Court with costs and withdrew the decision to cancel residence card and remove the claimant. SSHD subsequently also conceded the claim for unlawful detention in Central London County Court and paid damages to the claimant for unlawful detention.
  14. OE v SSHD (CO/1952/2020) – SSHD conceded the claim in High Court with costs. The claimant had challenged the redactions in the subject access report. SSHD provided the relevant disclosure.
  15. MZ v SSHD (JR/475/2020) – SSHD conceded the claim with costs and withdrew the decision under challenge to refuse the applicant’s ILR application.
  16. MZ 2 v SSHD (JR/1065/2020) – SSHD conceded the claim with costs and withdrew a second decision under challenge to refuse the applicant’s ILR application, following grant of permission by Upper Tribunal Judge Kebede.
  17. MZ 3 v SSHD (CO/1169/2020) – SSHD conceded the claim in High Court with costs. The claimant had challenged the redactions in the subject access report. SSHD provided the relevant disclosure.
  18. RA v SSHD (CO/4319/2019) – SSHD attempt to remove the claimant from the United Kingdom was stopped following grant of injunction by Honourable Mrs Justice Steyn DBE. The SSHD subsequently agreed to reconsider the decision but disputed costs. Following written submissions, costs were awarded to the claimant.
  19. RA 2 v SSHD (G00CL264) – SSHD conceded the claim of unlawful detention in Central London County Court with costs and paid damages for unlawfully detaining the claimant.
  20. MA 1 v SSHD (CO/4098/2019) – SSHD’s attempt to remove the claimant from the United Kingdom was stopped following grant of injunction by Honourable Mrs Justice Lang DBE. SSHD disputed the costs and the issue of costs was challenged in the Court of Appeal but subsequently in a connected claim for unlawful detention, SSHD conceded the costs of these proceedings as well
  21. MA 2 v SSHD (JR/162/2020) – SSHD conceded the claim with costs and agreed to withdraw the decision under challenge. SSHD had relied on a medical expert disputing a qualified psychiatrist’s reports, but upon research by Mr Jamali it transpired that SSHD’s medical expert was in fact a GP with specialisation in dermatology.
  22. MA 3 v SSHD (G02CL784) – SSHD conceded the claim with costs for unlawful detention in the Central London County Court and agreed to pay damages for unlawful detention.
  23. SJ v SSHD (JR/6059/2019) – SSHD conceded the claim with costs and withdrew the decision under challenge to refuse applicant’s further submissions following grant of permission by Honourable Mrs Justice Foster DBE. The case related to Tier 1 Entrepreneur applicant, who had wrongly been advised by the previous legal representative
  24. OE v SSHD (JR/4385/2019) – SSHD conceded the claim with costs and withdrew the decision under challenge to refuse the applicant’s further submissions following grant of permission by Upper Tribunal Judge Norton-Taylor. The case related to medical evidence related to minor child of the applicant that had not been considered by the SSHD properly under 276ADE and Section 55 BCIA 2009.
  25. QS v SSHD (JR/3900/2019) – SSHD conceded the claim with costs and withdrew the decision under challenge to refuse the applicant’s ILR application.
  26. QS 2 v SSHD (JR/5617/2019) – SSHD conceded the claim with costs and withdrew the decision under challenge to refuse the applicant’s ILR application, following a contested hearing in the Upper Tribunal where permission was granted by Upper Tribunal Judge Kebede. The case involved cross checking information from subject access report to show that the SSHD had wrongly detained the applicant some 4 years ago and in fact his case remained outstanding all throughout. SSHD subsequently granted ILR to the applicant
  27. QS 3 v SSHD (JR/1713/2020) – SSHD conceded the claim with costs and agreed to refund the applicant HO fee for previous application(s).
  28. QS 4 v SSHD (proposed proceedings) – SSHD conceded the proposed claim with costs in respect of unlawful detention of the applicant nearly 5 years ago. The applicant was represented by a different legal representative and it was never checked whether he had been unlawfully detained and his case wrongly refused
  29. MI v SSHD (JR/1375/2019) – SSHD conceded the claim with costs and agreed to withdraw the decision rejecting the applicants further evidence in relation to his asylum claim
  30. MI 2 v SSHD (JR/4535/2019) – SSHD conceded the claim with costs and agreed to withdraw the decision rejecting the applicants further evidence in relation to his asylum claim, following grant of permission at a contesting oral hearing by Upper Tribunal Judge Smith
  31. MK v SSHD (JR/7842/2017) – SSHD conceded the claim with costs and agreed to reconsider the decision refusing the applicant’s Tier 1 Entrepreneur extension application for the second time. Both the applications were submitted by previous legal representative and refused. Once the judicial review succeeded, detailed evidence was provided to the SSHD upon reconsideration and Tier 1 Entrepreneur leave to remain was granted to the applicant.
  32. ZT v SSHD (JR/9571/2017) – SSHD made a subsequent decision while initial decision was challenged, thus making the initial challenge academic. SSHD disputed paying costs of the proceedings. Following written submissions Upper Tribunal Judge Kopieczek awarded costs to the applicant.

Immigration and human rights

Zahab specialises in all aspects of immigration law with a special focus on Judicial Review matters. To date, he has been engaged in over 500 applications and has successfully challenged the Home Office on issues ranging from unlawful detention and removal/deportation proceedings to contesting Home Office policies on Tier 1 Entrepreneurs as well as other generic refusals (point based system, human rights etc.). Zahab has a formidable reputation for conducting Judicial Review matters with precision and attention to detail and is so well-known in the field that other law firms regularly consult him for advice on matters of complexity.

In addition to Judicial Review matters, Zahab is also extremely proficient in both private and corporate immigration applications and has particular expertise in obtaining business visas (under the Tier 1 categories) as well as sponsor license applications for both private individuals and companies.

Education

2010  Master of Laws in Company Law (City University London)

2010  Master if Laws (S.M. Law College)

2009  Bar Vocational Course (City University London)

2007  Bachelor of  Laws (University of London International Programme)

2007  Bachelor of Laws (Hamdard University)

Languages

English, Urdu, Hindi and Sindhi.

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