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Zia Nasim
Call 2001
- Crime, including regulatory work
- Extradition, Mutual Assistance and asset restraint
- Public Law
- Human Rights Law
- Immigration and Asylum
- Public International Law
- Charity Law
Zia Nasim has been a barrister at Great James Street since 2005, having spent two years working for the Government of Pakistan successfully completed his pupillage at 2 Dyers Buildings and thereafter . His early practice mainly covered crime and regulatory work. His practice and specialisim now covers immigration and extradition, international law and terrorism related matters. He also has extensive experience in charity law, having advised a number of mosques on disputes over control and interacting with the Charity Commission (including investigations).
Immigration Law
Zia acts regularly in asylum, human rights, deportation and general immigration appeals in the First-Tier Tribunal, Upper Tribunal, Administrative Court and Court of Appeal. He has been involved in a number of important reported decisions, including a country guidance case on risk to homosexuals in Afghanistan and seeking an-country right of appeal for individuals faced with removal. He also drafts grounds of appeal seeking permission to appeal to the Upper Tribunal and Court of Appeal. In addition to that, he is regularly instructed to draft grounds and appear in judicial review applications relating to fresh claims, delay, certification and where the applicants have no right of appeal in the Tribunal (e.g. Administrative Review by ECOs). He has recently been instructed on a number of judicial review cases where the UK Border Agency has revoked sponsorship licences of Tier 4 college sponsors. He has recently appeared in a ‘test case’ before the First-Tier Tribunal where Senior Immigration Judge heard an appeal relating to a postgraduate qualification from London College of Professional Studies, which the UKBA assert was never offered by the institution.
Some of Zia’s reported cases are as follows:
COURT OF APPEAL
Wanjku v SSHD [2011] EWCA Civ 264 – The Court of Appeal, Civil Division, held that the Secretary of State had been entitled to reject the claimant’s application for an extension of leave to remain, in circumstances where the claimant had failed to disclose a criminal conviction.
AN (Pakistan) v SSHD [2010] EWCA Civ 757 – Led by Abid Mahmood. This case concerned the definition of domestic violence under the Immigration Rules and the suicide risk to the Applicant upon her return to her country of origin.
MZ (Pakistan) v SSHD [2009] EWCA Civ 919 – The case concerned cancellation of a student’s leave at port and errors made by the Immigration Judge. The Court of Appeal emphasised the importance of a fair hearing and due process.
HIGH COURT
R (Aiyegbeni & Others) [2009] EWHC 1241 (Admin) – Judicial Review of an Immigration Officer’s decision to cancel leave at port and not grant a right of appeal to the Claimant. The Admin Court considered the issue of right of appeal.
R (Fazal-e-Haq) [2009] EWHC 357 (Admin) – This case addressed the issue of validity of application form and deception.
Majid v SSHD [2008] EWHC 2750 (Admin) – Judicial Review of decision to remove and the service of notice to remove and long residence concession.
TRIBUNAL
AJ (Risk to Homosexuals) Afghanistan CG [2009] UKAIT 00001 – Country Guidance case on risk to Homosexuals in Afghanistan
FW (Paragraph 322: untruthful answer) Kenya [2010] UKUT 165 (IAC) – permission has been granted on the papers by Lord Justice Pill and substantive hearing will be listed in the near future in the Court of Appeal.
CD (s.10 curtailment: right of appeal) India [2009] UKAIT 000555 – Zia successfully argued before Senior Immigration Judge Lane that a decision to remove under section 10 of the 1999 Act that involves the invalidation of leave to enter or remain can also be treated as a curtailment decision and therefore an applicant was entitled to appeal against that decision from within the UK.
Terrorism Related and SIAC
QJ v SSHD [2009] SC/84/2009 – Acting for the Appellant and Led by Manjit Gill QC (before SIAC) and Raza Husain QC (before Court of Appeal) – issue of diplomatic assurances and risk on return to Algeria.
Advised the Foreign Office, Home Office and CPS on extradition of Rashid Rauf (alleged to have been involved in transatlantic plot) from Pakistan to the UK.
Extradition Law and Mutual Assistance
Advised the UK Government (CPS, Foreign Office and Home Office) on extradition of Rashid Rauf (alleged to have been involved in 2006 transatlantic aircraft plot) from Pakistan to the UK.
Whilst working for the Government of Pakistan, Zia assisted the British High Comission on an extradition request from the UK of a number of individuals facing murder charges in Scotland. Zia was also involved in the negotiations between the UK and Pakistan on the text of the extradition treaty, as part of the Joint-Judicial Working Group between Pakistan and the UK. Some of his reported decisions include:
Crean v Government of Ireland [2007] EWHC 814 (Admin)
Bushi v Government of Albania [2007] EWHC 2521 (Admin)
Before undertaking pupillage Zia worked as a legal assistant at a niche city practice and was heavily involved in ex parte Kashamu (2001) and Al-Fawwaz (2002). These cases have been at the forefront of major developments in extradition law.
In relation to mutual assistance, Zia acted for a witness summonsed to attend before the Distrct Judge at City of Westminster Magistrates Court, in Italy v. Berlusconi & Mills (evidence gathering in England for alleged corruption proceedings in Italy)
International Law
R (Al-Sweady and others) v Secretary of State for Defence (2009) – Led by Alun Jones QC. Acted for the International Committee of the Red Cross (ICRC) who intervened following request for disclosure of a working paper by the Claimants in their claim against the Ministry Of Defence. for actions of British soldiers in Iraq.
Regulatory Law
Zia has represented mini-cab firms and drivers appealing against decisions made by the Public Carriage Office.
Charity Law
I regularly advise individuals and charitable Trusts on disputes in relation to the control of mosques by competing charities and on occasions I have been asked to mediate between the two groups. I also advise charities during an inquiry conducted by the Charity Commissioners under the Charities Act.
Education
Scholarships: (Hardwicke Scholar)
