Important Information
- Positon: Head of Chambers
-
Address: Address: Mitre House, 4th
Floor, 44-46 Fleet Street , London, EC4Y 1BN
- Phone: 0207-112-4980
- Email: [email protected]
Experience
Zahab is a seasoned 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.
Having a strong academic background of double masters in law and
being a double gold medalist, and an even more ambitious pursuit
of career, he has carved a unique niche for himself in the
province of immigration and public law. He is a champion at
judicial review and not only caters to urgent matters requiring
immediate action such as those pertaining to unlawful detention
and deportation/removal of migrants but also specializes in
private and corporate immigration applications, in particular
business visa and sponsor licence applications. Zahab regularly
advises other law firms and High Net Worth individuals and deals
with issues of public importance
With an aggressive and strategic representation at all legal
forums, Zahab has established an exceptional track record of
meticulously succeeding in judicial reviews. He remains an
active multimedia speaker on developments in immigration law and
also provides guidance to other chambers on complex matters of
immigration law.
He has the unique experience of working at a law firm as well as
an independent barrister. He regularly appears in TV and online
and print media. His noteable cases are cited below.
Notable Cases
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.
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.
TM v SSHD
(JR/2386/2020) - SSHD conceded the claim with costs and withdrew
the decision to refuse entry clearance as a visitor
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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.
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.
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
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).
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
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
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
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.
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.
RR v SSHD
(CO/6185/2016) - SSHD conceded the claim with costs and withdrew
the decision to refuse entry and remove the claimant from the
United Kingdom. The SSHD also conceded the claim for unlawful
detention and agreed to pay damages to the claimant.
GZ v SSHD
(CO/2565/2017) - SSHD was unable to remove the claimant from the
United Kingdom following a successful challenge to removal and
unlawful detention which was subsequently conceded by the SSHD
with costs and damages.
JA v SSHD
(JR/7040/2016) - SSHD refused client's Tier 1 Entrepreneur
application for ILR based on accelerated route. SSHD alleged
that he must show 10 full time jobs for 12 months. SSHD conceded
the claim following grant of permission by Upper Tribunal Judge
Perkins and agreed to pay costs of the proceedings. The
applicant was subsequently granted ILR.
JA 2 v
SSHD (JR/4081/2018) - SSHD refused the applicant's application
for naturalisation based on an outstanding litigation debt.
Successfully challenged the decision and the SSHD conceded on
the issue of litigation debt but disputed paying costs of the
proceedings. Upper Tribunal Judge Pitt awarded costs to the
applicant.
SK v SSHD
(JR/8570/2016) - SSHD lost the judicial review claim and her
decision to refuse ILR application of applicants based on Tier 1
Entrepreneur accelerated route was quashed by Honourable Mr
Justice Lavender following a substantive hearing. SSHD paid 80%
costs of the proceedings and applicants were subsequently
granted ILR.
SK v SSHD
2 (JR/13060/2016) - SSHD conceded on the basis the Applicants
granted Indefinite leave to remain and agreed to refund the HO
fees, AR fee in relation to the Applicants second refusal.
JP v SSHD
(C8/2016/2301) - SSHD conceded the appeal in Court of Appeal
with costs against refusing the applicants' application on the
basis of TOEIC test.
MP v SSHD
(C6/2018/0948) - SSHD conceded the appeal in Court of Appeal in
relation to paragraph 322(5) but disputed costs. Following
detailed submissions, Court of Appeal awarded costs to the
applicant.
UM v SSHD
(JR/7770/2016) - SSHD conceded the claim with costs and agreed
to withdraw the decision under challenge relating to paragraph
322(5). The applicant was subsequently granted ILR.
EB v SSHD
(JR/6291/2019) - SSHD conceded the claim and agreed to withdraw
the decision to remove the applicant. SSHD disputed costs but
Upper Tribunal Judge Macleman awarded costs to the
applicant.
MM v SSHD
(JR/2530/2019) - SSHD revoked the applicant's ILR based on
deception. SSHD made numerous allegations. Mr Jamali refused to
comment on the allegations on behalf of the client and sought
disclosure. SSHD never made the disclosure and conceded the
claim with costs.
MM 2 v
SSHD (JR/3901/2019) - SSHD's supplemental decision to issue bail
form prohibiting the applicant from employment was successfully
challenged by the applicant. SSHD conceded the bail form with
costs. During this time, the applicant also applied and was
naturalised as a British national.
MM 3 v
SSHD (proposed proceedings) - SSHD conceded the claim for loss
of earnings for the time his ILR had been unlawfully revoked.
SSHD agreed to pay damages to the applicant for his loss of
earnings.
ED v SSHD
(JR/3131/2019) - SSHD conceded the claim to issue removal window
notice to the applicant and agreed to pay costs of the
proceedings.
EU v SSHD
(JR/4379/2019) - SSHD conceded the claim to issue removal window
notice to the applicant and agreed to pay costs of the
proceedings.
EU 2 v
SSHD (JR/5471/2019) - SSHD conceded the claim to refuse
applicant's ILR application under Turkey-ECAA, by drawing
negative inferences but not allowing the opportunity to the
applicant to respond. SSHD also agreed to pay the applicant's
costs of the proceedings.
EU 3 v
SSHD (JR/1213/2020) - SSHD failed to following consent order in
JR/5471/2019 and failure to comply the Cour Order was
challenged. SSHD conceded the claim with costs.
EO v SSHD
(JR/4172/2019) - SSHD conceded the claim to issue removal window
notice to the applicant and agreed to pay costs of the
proceedings.
EO 2 v
SSHD (JR/5482/2019) - SSHD conceded the claim to refuse
applicant's ILR application under Turkey-ECAA, by drawing
negative inferences but not allowing the opportunity to the
applicant to respond, following grant of permission by Upper
Tribunal Judge Grubb. SSHD also agreed to pay the applicant's
costs of the proceedings.
MK v SSHD
(JR/3769/2019) - SSHD conceded the claim to issue removal window
notice to the applicant but disputed costs. Upper Tribunal Judge
Sheridan awarded costs to the applicant.
AM v SSHD
(JR/456/2019) - SSHD conceded the claim to refuse permanent
residence application of the applicant, with costs. The
applicant was subsequently granted permanent residence.
RN v SSHD
(JR/5618/2019) - SSHD conceded the claim to refuse to refund
application fee of the applicants' previous application from
2011. SSHD also agreed to pay costs of the proceedings.
RN 2 v
SSHD (JR/837/2020) - SSHD conceded the claim alleging failure to
implement Court Order in JR/5618/2019, with costs.
LS v SSHD
(JR/5064/2019) - SSHD conceded the claim for failing to return
the sponsor's BRP card, with costs.
NK v SSHD
(JR/1570/2020) - SSHD conceded the claim to refuse applicants
application under Turkey-ECAA, with costs.
MR v SSHD
(JR/165/2021) - SSHD conceded the claim with costs for failing
to decide the Applicant's application within 3 months as
agreed.
MI v SSHD
(JR/3375/2019) - SSHD conceded the claim with paying 50 % costs
of the matter, failing to refuse the Applicant's application for
residence card on the basis of extended family member.
MA v SSHD
(JR/1540/2019) - SSHD conceded the claim with costs and provided
the route to apply for BRP.
MA 2 v
SSHD (JR/3678/2018) - SSHD conceded the claim with costs and
agreed to issue the BRC within 1 month of the sealed consent
order.
AP v SSHD
(JR/5298/2019) - UTJ order stated to pay the Applicant's costs
on the basis that SSHD has issued removal window in the decision
and maintained at PAP stage.
HS v SSHD
(JR/615/2017) - SSHD agreed to reconsider the application for
Tier 1 Entrepreneur and issue new decision within 3 months. SSHD
conceded the claim with costs.
FN v SSHD
(JR/3975/2018) - SSHD conceded claim with costs, withdrawing the
Applicant's asylum claim to certify and issue new decision
within 3 months.
SB v SSHD
(JR/2491/2018) - SSHD conceded claim with costs, agreeing to
reconsider the Applicant's application for entry clearance as a
visitor to UK.
GF v SSHD
(JR/9854/2017) - SSHD conceded with costs, agreeing to
reconsider the application for an EEA residence card.
AA v SSHD
(JR/5631/2017) - SSHD to reconsider the Applicant's application
for permanent residence card. The claim was conceded with
costs.
TJ v SSHD
(JR/2872/2018) - SSHD to withdraw the removal window issued in
decision for the application of discretionary leave and conceded
claim with costs.
PL v SSHD
(JR/652/2018) - SSHD conceded claim with costs failing to return
the Applicant's passport.
BR v SSHD
(JR/920/2018) - SSHD withdrawn the decision to refuse entry at
port and conceded the claim. Agreed to pay costs and damages for
unlawful detention.
SS v SSHD
(JR/259/2018) - SSHD conceded the claim with costs refusing the
application for leave to remain on the basis of British partner
and children in which the Applicant was the primary carer of the
his partner.
AA v SSHD
(JR/10381/2017) - SSHD conceded claim with costs in which the
curtailment decision was never served to the client.
JM v SSHD
(JR/9568/2017) -
SG v SSHD
(JR/11060/2016) - SSHD conceded the claim with costs refusing
the Applicant's application for leave to remain and remove him
from UK.
SG 2 v
SSHD (JR/5865/2017) - SSHD conceded the claim with costs
refusing the Applicant's application for leave to remain and
remove him from UK.
NM v SSHD
(CO/5985/2014) -
OJ v SSHD
(JR/5828/2018) - SSHD conceded claim costs failing to issue the
permanent residence card to the Applicant and issued right after
issuing the proceedings.
AB v SSHD
(JR/5706/2018) - SSHD conceded the claim with costs failing to
decide the Applicant's application for Tier 4 student within 3
months of the court order.
KM v SSHD
(JR/5726/2018) - SSHD conceded the claim having granted asylum
to the Applicant. SSHD agreed to pay costs for the
proceedings.
MB v SSHD
(JR/5416/2018) - SSHD conceded the claim with costs, withdrawn
the decision to refuse the Applicant's application of Tier 1
Entrepreneur.
MJ v SSHD
(JR/5983/2017) -
MJ 2 v
SSHD (JR/4420/2018) -
RN v SSHD
(CO/6380/2012) - SSHD conceded and withdrew the Applicant's
decision for leave to remain as Tier 1 (PSW) application.
RN 2 v
SSHD (CO/4730/2017) - The Applicant was detained at IRC and
issued removal directions. Matter was challenged by way of
judicial review and SSHD conceded the claim with costs. The
Applicant was released on bail when the permission was allowed
on all grounds.
RN 3 v
SSHD (JR/10262/2017) - SSHD accepted that she erred when
rejected the application for leave to remain and agreed to
reconsider the Applicant's application for leave to remain as
the partner of Tier 4 migrant. SSHD lost the claim and paid
costs for the proceedings.
UW 1 v
SSHD (JR/6546/2017) - Matter was challenged against the SSHD
decision to treat the FLRFP application as variation of the ILR
application. The matter was conceded with costs.
UW 3 v
SSHD (JR/8278/2017) - SSHD conceded this matter to reject the
application being invalid.
UW 2 v
SSHD (JR/2585/2018) - SSHD conceded this matter against the
decisions for application of leave to remain and maintained at
the Administrative Review.
UW 5 v
SSHD (JR/3577/2019) - SSHD conceded with costs, reconsidering
the Applicant's application for Indefinite leave to remain and
failed to make decision on AR.
UW 4 v
SSHD (JR/5798/2019) - Matter was against the SSHD decision on
the applications filed in February and April 2016. Balajigari v
SSHD [2019] EWCA Civ 673 was raised that human rights claim
should be recognised while making decision.
UW v SSHD
(JR/1281/2020) - Matter was against SSHD unreasonable delay in
deciding the Applicants application.
RM v SSHD
(JR/6600/2017) - SSHD conceded with costs refusing the
Applicant's application for Tier 1 Entrepreneur and paid
costs.
RM 2 v
SSHD (JR/257/2018) - SSHD conceded the claim on unreasonable
delay from her side to the application within the given
timeframe.
MG v SSHD
(JR/2060/2016) - SSHD unreasonable delay in deciding the
application filed in March 2015. SSHD refused to pay Applicant's
costs for the proceedings and matter proceed to file the cost
submissions. UTJ Gill considered and order was made for SSHD to
pay the costs to the Applicant.
SB and
another v SSHD (CO/3319/2017) - SSHD stopped the Claimants at
the airport and retained the passports. Upon filing the judicial
review, SSHD conceded, granted leave to enter and returned the
passports to the Claimants.
HG v SSHD
(JR/14084/2015) - SSHD conceded with claim refusing the
application for leave to remain as Tier 1 Entrepreneur.
NT v SSHD
(JR/11494/2016) - The Applicant made the application for Tier 1
Entrepreneur which was refused and AR filed. Due to incorrect
date on decision and serving date was different, SSHD did not
accept the AR. After filing the evidence of in time AR,
unreasonable delay in deciding the application. PAP was filed
lead to judicial review. SSHD conceded the claim with
costs.
MS v SSHD
(JR/996/2019) - SSHD conceded the claim with costs refusing the
Applicant's application for entry clearance as visitor stating
that he has failed to pay the litigation debt owed from his
previous judicial review. SSHD position was incorrect because
the Applicant has paid before making an application.
AP v SSHD
(JR/5928/2017) -
HK v SSHD
(JR/4380/2015) - SSHD lost the matter to reject the application
for leave to remain. Later, SSHD agreed to reconsider the
application and paid costs for the proceedings.
HK 2 v
SSHD (JR/2372/2019) - SSHD detained the Applicant by refusing
his application for leave to remain and served him in person
while reporting. SSHD withdraw the decision by which application
became outstanding and paid costs for it.
HK 3 v
SSHD (JR/6018/2019) - SSHD conceded the claim refusing the
Applicant's application for leave to remain submitted in October
2017 whereas while the application was pending, the Applicant
has filed ILR application and this had legal effect of
superseding the application.
HB v SSHD
(JR/5121/2016) - SSHD conceded the claim with costs refusing the
Applicant's application for Tier 1 Entrepreneur.
AM v SSHD
(JR/1479/2015) - SSHD conceded the claim, refusing the
Applicant's application for leave to remain which was superseded
with Tier 4 application. She had withdrawn the decision.
KN v SSHD
(JR/9858/2019) - SSHD conceded the claim refusing the
Applicant's application for leave to remain. She agreed to
reconsider her decision and issue new decision on the
application.
SA v SSHD
(JR/8594/2014) -
SA 2 v
SSHD (C2/2016/4326) - SSHD conceded the matter refusing the
application for leave to remain. The matter was challenged by
judicial review JR/6161/2016 which was refused. It was
subsequently challenged in Court of Appeal and Lord Justice
Wilkie granted permission in this matter. The matter was
concluded and SSHD paid costs for the proceedings.
SA 3 v
SSHD (JR/2465/2019) - SSHD conceded the claim with costs
refusing the Applicant's application for Tier 4 student.
UA 2 v
SSHD (C4/2015/0197) - The Applicant was refused entry at the
airport and issued notice of refusal to enter. The decision was
challenged by way of judicial review CO/3959/2014. JR was
refused on papers but renewed and permission was refused by
Honour Judge Sycamore at the hearing. The matter was
subsequently challenged in Court of appeal. SSHD conceded and
agreed to pay the costs of the complete proceedings.
IM v SSHD
(JR/14961/2015) - SSHD conceded the claim with costs, withdraw
the IS.96 and agreed the Applicant's leave will continue by
virtue of Section 3C of IA 1971 and granted 60 days of to make
new application following return of the passport.
