Mark Schwenk

Year of Call 2001

Mark is described as an 'excellent advocate' with a 'superb knowledge' of case law and procedure. He is a busy practitioner constantly in demand to represent clients in the Immigration and Asylum Chamber, particularly in the Upper Tribunal having been involved in several Country Guidance cases.

Contact Mark Schwenk

Courtney Soden

Senior Immigration and Family Clerk

Tel: 0161 832 4036

Email: [email protected]

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Top Ranked in Legal 500 2016-2021:
Mark Schwenk is recommended as Leading Individual in the Legal 500 for his Immigration practice, "Mark has a very busy practice but is always on hand to informally discuss matters and offer practical suggestions. He has an excellent advocate with a superb knowledge of caselaw and procedure which he is able to convey to clients in a simple language. He always provides strong and reliable advice which clients trust."

Top Ranked by Chambers and Partners 2012-2020:
Capable of handling the full range of immigration and asylum matters at judicial review, the Upper Tribunal and the High Court. Schwenk is well versed in complex human rights and unlawful detention issues, and has a particular focus on EEA rights. He has experience in representing colleagues whose licence to sponsor international students has been withdrawn.
Strengths: "He is an experienced counsel who knows the law inside and out." "He is straightforward and pragmatic in his approach." "He was impressive when I opposed him recently."
Recent work: Successfully represented an EEA national in attempt to deport him following conviction for a criminal offence.

Mark's main practice areas are asylum and immigration, judicial review, civil penalties and human rights. After training at a South London legal aid practice, Mark qualified as a solicitor in 1996. Later that year he moved to Manchester to take up a position as a solicitor at the Greater Manchester Immigration Aid Unit, subsequently becoming senior solicitor. During his time at the Immigration Aid Unit, Mark acted for hundreds of immigrants and asylum seekers, preparing their cases and representing them before the Tribunal. 

Mark set up and obtained funding for a project to advise detainees at Manchester Airport.

In addition, whilst at the Immigration Aid Unit, Mark was involved in a number of anti-deportation campaigns in the North of England.

Mark was a founder member of the Greater Manchester Law Centre Management Committee. Mark's experience as a solicitor in a legal aid practice, both in the private and voluntary sectors, means that he has a good understanding of the issues facing immigration solicitors, particularly legal aid practitioners. 

In 2017 Mark travelled to Greece where he took part in a project organised by ILPA to provide legal advice to asylum seekers.

Immigration, Asylum and Nationality

Mark is a busy practitioner who is constantly in demand to represent clients in the Immigration & Asylum Chamber, particularly in the Upper Tribunal where he has been involved in several country guidance cases. He also has extensive experience of Court of Appeal and High Court work, including obtaining injunctions.

His Higher Court work has included dealing with complex public law and human rights issues, such as the lawfulness of returning foreign nationals to face the death penalty in their country of origin. Mark has been involved in a number of high profile cases including Carter, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2603 (Admin), a successful challenge to the Secretary of State's policy on fee waivers and Novoselova, R (On the Application of v SSHD [2014] EWHC 4274 (Admin) , a case concerning protection from domestic violence for unmarried partners of EEA nationals.

Mark retains strong links with the voluntary sector and undertakes many cases for voluntary sector organisations. Mark has a thorough knowledge of his practice area and is known for his meticulous preparation and tenacity.

Civil Penalties
Mark also acts for commercial clients, particularly employers wishing to bring employees to the UK.  He has also been involved in defending employers against the imposition of civil penalties for employing illegal workers since the inception of the scheme. 

Human Rights
Mark's Higher Court work has included dealing with complex public law and human rights issues, such as the lawfulness of returning foreign nationals to face the death penalty in their country of origin.

Administrative and Public Law

Mark has an excellent understanding of the principles of judicial review and has undertaken judicial reviews in a number of practice areas, including challenges to unlawful detention and challenges to decisions to withdraw sponsor licences from colleges. He was instructed by South Manchester Law Centre in their challenge against the Legal Services Commission - South Manchester Law Centre (R on the application of) v Legal Services Commission [2010] EWHC 3131 (Admin).

Public Access

Mark accepts Immigration Law instructions on a Direct Access basis for appropriate cases. Please refer to the below pricing range for their services; this is subject to case type, complexity and seniority or experience of the barrister. Accurate quotes will be provided prior to commencement of the work involved.

Advice & Preparation: £175 - £275 + VAT
Conferences: £250 - £500 + VAT
*FT immigration hearings: £500 - £750 + VAT
*Bail hearings: £350 - £500 + VAT

*These price ranges for hearings at Manchester IAC, other courts will incur a travel charge. Please contact our Senior Immigration Clerk, Courtney ([email protected]), for more information.*

Capparrelli (EEA Nationals - British Nationality: Italy) (2017)

UKUT 162 (IAC) See Case report

TN (Iraq) & Ors v Secretary of State for the Home Department (2015)

EWCA Civ 852 See Case report

Samadi, R (on the application of) v Secretary of State for the Home Department (2015)

EWHC 1806 (Admin) See Case report

Carter, R (On the Application of) v Secretary of State for the Home Department (2014)

EWHC 2603 (Admin) See Case report

R (on the application of Novoselova) v Secretary Of State For The Home Department (2014)

EWHC 4274 (Admin) See Case report

AS (Afghanistan) v Secretary of State for the Home Department (2013)

EWCA Civ 1469 See Case report

AMM and others (conflict; humanitarian crisis; returnees; FGM) Somalia CG (2011)

UKUT 445 (IAC) See Case report

Lamrani, R (on the application of) v Secretary of State for Home Department (2011)

EWHC 3059 (Admin) See Case report

South Manchester Law Centre (R on the application of) v Legal Services Commission (2010)

EWHC 3131 (Admin) See Case report

Mehari (R on the application of) v Secretary of State for the Home Department (2009)

EWHC (Admin) 3464 See Case report

AA (Language diagnosis: use of interpreters) Somalia (2008)

UKAIT 00029 See Case report

AM (Begedi, members generally at risk) Somalia (2005)

UKAIT 00107 (01 June 2005) See Case report

JT (Tutsi, failed asylum seekers, evidence) Democratic Republic of Congo (2005)

UKAIT 00102 See Case report

A v Entry Clearance Officer, Pretoria (Somalia) (2004)

UKIAT 00031 See Case report

AA (Persecution "Causing" Public Affection Religion Unmarried) Iraq CG (2002)

UKIAT 07246 See Case report

SF (Article 3, Prison Conditions) Iran CG (2002)

UKIAT 00973 (04 April 2002) See Case report

Client Testimonials

"I found Mark to be very apt in identifying client's needs, as well as responding to the same and thorough in examination and tenacious in submissions. I would highly recommend Mark to any of my future clients"

Solicitor, Rafiq & Co Solicitors

"He has a solid understanding of immigration law."

Chambers & Partners

"He has an excellent advocate with a superb knowledge of caselaw and procedure which he is able to convey to clients in a simple language. He always provides strong and reliable advice which clients trust."

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