Tel: 0161 832 4036
Fax: 0161 832 0370
DX: 718200 Manchester 3

Practice Manager
Maria Rushworth
Arlington House
Bloom Street
Salford
Manchester
M3 6AJ

Mark Schwenk

Immigration, Asylum & 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.

Client Testimonial:
"I found you 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 you to any of my future clients" - Solicitor, Rafiq & Co Solicitors

Here are some of Mark's reported Cases:

• 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) [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) [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

 

Reported Cases

 

  • 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) [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) [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

 

* At the time of writing, the most recent Country Guidance case on Somalia which informs all current decisions regarding Somalia.  Described by the Tribunal hearing the appeal as: "conspicuously well-argued by Counsel".


** Challenge to the lawfulness of immigration detention.

Publications