Services offered at Malik Law Chambers

Malik Law Chambers specialises in administrative law, with particular expertise in immigration, asylum, nationality and human rights law. The firm generally undertakes the work in the following areas:

(A) Persons seeking to enter or remain in the United Kingdom for visits:

We provide efficient and cost-effective advice and services for the persons seeking to enter or remain in the United Kingdom for visits. This includes:

• Visitors
• Visitors in transit
• Private medical treatment
• Parents of a child at school
• Visitors seeking leave to entre/remain for the purpose of marriage
• Visitors seeking leave to enter under the Approved Destinations Status (ADS) agreement with China
• Student visitors

(B) Persons seeking to enter or remain in the United Kingdom for studies:

We provide efficient and cost-effective advice and services for the persons seeking to enter or remain in the United Kingdom for studies. This includes:

• Students
• Student nurses
• Resist of examination
• Writing up thesis
• Overseas qualified nurses and midwives
• Postgraduate doctors and dentists
• Spouses of students or civil partners of prospective students
• Children of students or prospective students
• Prospective students
• Student union sabbatical officers

(C) Persons seeking to enter or remain in the United Kingdom in an "au pair" placement, as a working holidaymaker or for training or work experience:

We provide efficient and cost-effective advice and services for the persons seeking to enter or remain in the United Kingdom for a limited period of time. This includes:

• Au pair placements
• Working holidaymakers
• Children of working holidaymakers
• Seasonal agricultural workers
• Home Office approved training or work experience
• Spouses of persons with limited leave to enter or remain
• Children of persons with limited leave to enter or remain

(D) Persons seeking to enter or remain in the United Kingdom for employment:

We provide efficient and cost-effective advice and services for the persons seeking to enter or remain in the United Kingdom for employment. This includes:

• Work permit employment
• Highly skilled migrants
• Sectors-Based Scheme
• International Graduates Scheme
• Representatives of overseas newspapers, news agencies and broadcasting organisations
• Fresh Talent: Working in Scotland scheme
• Sole representatives
• Private servants in diplomatic households
• Domestic workers in private households
• Overseas government employees
• Ministers of religion, missionaries and members of religious orders
• Visiting religious workers and religious workers in non-pastoral roles
• Airport based operational ground staff of overseas-owned airlines
• Persons with United Kingdom ancestry
• Spouses or civil partners of persons who have leave to enter or remain under above categories
• Children of persons with limited leave to enter or remain under above categories
• Multiple entry work permit employment

(E) Persons seeking to enter or remain in the United Kingdom as a businessman, self-employed person, investor, writer, composer or artist:

We provide efficient and cost-effective advice and services for the persons seeking to enter or remain in the United Kingdom for working (other than by way of employment). This includes:

• Persons intending to establish themselves in business
• Innovators
• Persons intending to establish themselves in business under the provisions of EC Association Agreements
• Investors
• Writers, composers and artists
• Spouses or civil partners of persons who have leave to enter or remain under above categories
• Children of persons with limited leave to enter or remain under above categories

(F) Other Categories:

We provide efficient and cost-effective advice and services for the persons seeking to enter or remain in the United Kingdom for reasons other than that are mentioned above. This includes:

• Persons exercising rights of access to a child resident in the United Kingdom
• EEA nationals and their families
• Retired persons of independent means
• Spouses or civil partners of persons who have leave to enter or remain in the United Kingdom as retired persons of independent means
• Children of persons with limited leave to enter or remain in the United Kingdom as retired persons of independent means
• Long residence
• HM Forces
• Spouses or civil partners of persons settled or seeking settlement in the United Kingdom in accordance HM Forces rules
• Children of a parent, parents or relative settled or seeking settlement in the United Kingdom under HM Forces rules
• Spouses or civil partners of armed forces members who are exempt from immigration control
• Children of armed forces members who are exempt from immigration control

(G) Family Members:

We provide efficient and cost-effective advice and services for the persons seeking to enter or remain in the United Kingdom as family members of British citizens or persons who are present and settled in the United Kingdom. This includes:

• Spouses and civil partners
• Victims of domestic violence
• Fiance(e)s and proposed civil partners
• Unmarried and same-sex partners
• Children
• Parents, grandparents and other dependent relatives

(H) Asylum and Human Rights Claims:

We provide efficient and cost-effective advice and services for the persons who wish to claim to asylum in the United Kingdom. A person will be considered a refugee and able to claim asylum if he has:

• A well-founded fear of being persecuted
• For the reasons of race, religion, nationality, membership of a particular political party, opinion or social group
• In the country of his nationality or former habitual residence and
• He is unable or unwilling to avail himself of the protection of that country, or he is unwilling to return to it due to such fear

We can also assist persons who believe that there removal from the United Kingdom would be a violation of their human rights guaranteed under the European Convention on Human Rights and Fundamental Freedoms. The human rights on which an individual can rely include:

• Right to life
• Freedom from torture, inhuman or degrading treatment or punishment
• Right to private and family life

Furthermore, we can also assist persons who come under the Humanitarian Protection rule. This includes persons who face serious risk of harm in their countries. Serious harm refers to:

• The death penalty or execution
• Unlawful killing
• Torture or inhuman or degrading treatment or punishment of a person in the country of return
• Serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict

(I) Applications for discretionary leave outside the Immigration Rules:

The Secretary of State has discretion to exercise her power in individual’s favor. If a person has no chance of success under the Immigration Rules and his/her circumstances are truly exceptional and companionate, he can make representations to the Secretary of State requesting leave to remain in the United Kingdom outside the Immigration Rules.

We provide efficient and cost-effective advice and services for the persons who wish to make an application for discretionary leave to remain in the United Kingdom outside immigration rules.

(J) Application for British nationality or citizenship:

We provide efficient and cost-effective advice and services for the persons who wish to obtain British nationality or citizenship. There are four ways by which one acquires British citizenship:

• Registration
• Naturalisation
• Birth
• Descent

(K) Representation at the Asylum and Immigration Tribunal:

The Asylum and Immigration Tribunal (AIT) is a tribunal which hears appeal against the decisions made by the Home Secretary and her officials in asylum, immigration and nationality matters. The main types of appeals are made against the decisions to:

• Refuse a person’s asylum/human rights application
• Refuse a person’s application for leave to remain in the United Kingdom
• Refuse a person’s application for entry clearance to the United Kingdom (visa application)
• Deport someone already in the United Kingdom
• Refuse person entry to the United Kingdom on arrival
• Application to release a detainee on bail

Appeals are heard by one or more Immigration Judges who are sometime accompanied by a non-legal member of the Tribunal. The Home Office is usually represented by Home Office Presenting Officers (“HOPO”). For significant cases, Home Office also instructs Barristers to conduct the case.

We provide efficient and cost-effective advice, services and representation for the persons who wish to appeal against any decision of the Home Office. We enjoy excellent success rate in relation to all types of immigration, asylum and human rights appeals.

(L) Representation at the Special Immigration Appeals Commission:

Special Immigration Appeals Commission (SIAC) deals with the appeals against decisions made by the Home Secretary and her officials to deport or exclude someone from the United Kingdom on national security grounds or for other public interests reasons. It also hears appeals against decisions to deprive persons of citizenship status. The information given to the Appellant and their representatives is limited as compared to other removal hearings.

We provide efficient and cost-effective advice, services and representation for the persons who wish to appeal against a decision of the Home Office in Special Immigration Appeals Commission. We enjoy excellent success rate in relation to all types of appeals.

(M) Judicial Review and Injunctions:

Judicial review is a procedure by which the High Court supervises the exercise of public power. A person who feels that an exercise of such power by a government authority, such as a Home Office or a Tribunal, is unlawful, irrational or procedurally improper, may apply to the Administrative Court (a division of the High Court) for judicial review of the decision and have it set aside (quashed) and possibly obtain damages. One can only go to this route if there is no alternative remedy available.

For immigration purposes, depending upon your particular circumstances, you can make an application for Judicial Review if:

• Your application for leave to remain in the United Kingdom as been refused by the Home Office and there is no right of appeal.
• You have been served with IS96 (notice to remove your the United Kingdom).
• The Home Office has cancelled or revoked your leave to remain in the United Kingdom, without a right of appeal.
• You were refused leave to enter the United Kingdom on airport, without a right of appeal.
• You are being removed from the United Kingdom.
• You immigration/asylum appeal has been dismissed by the Asylum and Immigration Tribunal and the Tribunal has refused to make an order of reconsideration in your favor (statutory review).
• The Secretary of State has refused to exercise her discretion (outside immigration rules) in your favor.
• The Home Office has refused to reconsider its earlier decision and/or refused to accept your application/representation as a “fresh claim”.
• The Home Office has refused to issue you a certificate of approval to register your marriage in the United Kingdom.
• Your visa (entry clearance) application has been refused without a right of appeal.
• The Home Office’s decision infringes your human rights.

We provide efficient and cost-effective advice and services for the persons who wish challenge any decision of the Home Office by way of Judicial Review. We enjoy excellent success rate in relation to all types Judicial Review claims.

We can also make urgent, out of office hours, applications to the High Court (Administrative Court) for an injunction to stay removal of a person from the United Kingdom. Such applications are usually heard by a Duty High Court Judge in his/her chambers.

(N) Appeals in Higher Courts:

We provide efficient and cost-effective advice, services and representation for the persons who wish to appeal against a decision of the Asylum and Immigration Tribunal in the higher Courts. We enjoy excellent success rate in relation to all high level appeals, including the appeals in:

• High Court
• Court of Appeal (Civil Division)
• House of Lords
• European Court of Human Rights