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Lawyers

Mark Smith

Mark Smith

Work Department

Mark is a barrister specialising in extradition, international family and immigration matters. Mark is ranked as a Leading Junior in 3 areas in the Legal 500: Family: Children, Immigration, and International Crime & Extradition. He is also recognised in Chambers & Partners in 2 practice areas of Extradition and Immigration.

Position

Mark has particular expertise in cases involving cross-border issues and parallel proceedings across multiple jurisdictions. Mark has appeared in the Supreme Court and Court of Appeal, as well as the High Court Family Division in international family matters and the Administrative Court in extradition proceedings.

He is an experienced extradition practitioner and regularly appears in requests from non-EU (Part 2) countries and on appeal before the Administrative Court. He recently appeared in a leading case considering the impact of extradition on pending EUSS applications and an extradition request with parallel private children proceedings.

Mark is an international family specialist and appears in wardship, child abduction and permanent relocation proceedings before the High Court. He is also regularly instructed in private children and care proceedings, especially those involving an international element. He has recently appeared in High Court proceedings addressing when an abducted child should be properly considered a dependant of an asylum-seeker and whether a local authority could withdraw an asylum claim made on behalf of a child in care.

Mark’s immigration practice includes high profile and complex litigation, recently including a citizenship claim by an ex-foreign government minister and an asylum claim following an extradition request. Mark frequently appears in judicial review proceedings and has recently appeared in a challenge to the ‘minded to refuse’ process applied in cases of deception.

Career

Mark has been appointed to the Attorney General’s C Panel and CPS Specialist Extradition Panel.

Extradition & International

Mark is an experienced barrister in relation to extradition and international law proceedings. He regularly appears in extradition proceedings at first instance and on appeal in the High Court (Admin). Mark has recently resisted a request for a police informant by the Czech Republic and a Bulgarian request for a government minister involving allegations of political corruption. Mark is currently instructed for the Secretary of State in a US extradition request under Part 2 of the Extradition Act 2003.

Family & Children & International Family Private children

Mark specialises in international family law. Mark recently appeared in a High Court application for a passport seizure order where the child had already been abducted from Bolivia to the USA and then to the UK, advised on the enforcement of child arrangement orders in Belarus, and resisted contempt proceedings in a High Court for breach of a return order.

Mark frequently advises on the interplay with parallel asylum applications, and applications to recognise foreign adoption orders. Mark is currently instructed in applications for permanent relocation from the UK to Dubai, USA, Jamaica, Italy and Switzerland, child abduction proceedings in relation to New Zealand, and an application to recognise a foreign adoption order from Nigeria.

Public children

Mark recently appeared in wardship proceedings brought by a local authority where the children had been removed to Lebanon, care proceedings before the High Court where the child was born in Italy and jurisdiction was disputed, and an application before Lieven J for FMPOs in relation to four children taken to Afghanistan where consideration was given to instructing special advocates. Mark is currently instructed in care proceedings before the High Court where the Syrian children were allegedly abducted from Germany and there are outstanding applications for asylum in behalf of the abducting parent with children as dependants.

Immigration

Mark appears in immigration and associated judicial review proceedings. Mark recently advised on a judicial review involving a foreign ex-government minister who had previously been granted political asylum and successfully appealed the Home Office’s decision to refuse his client’s asylum claim made on the basis of genuine fears of honour-based violence on return to Pakistan. Mark is currently instructed in a Tier 1 (Investor) application involving a complex loan scheme, and an application for leave to enter from Nicaragua.

Judicial Review & Public Law

Mark has experience of judicial review proceedings and advises on a wide range of public law issues. Mark has recently advised on judicial reviews involving applications for ILR, visit visa applications, asylum support, and Turkish business visa applications under the Ankara Agreement.

Memberships

Defence Extradition Lawyers’ Forum (DELF). Child Abduction Lawyers Association (CALA). Immigration Legal Practitioners’ Association (ILPA).

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