Profile
Work Department
Mark Smith is a specialist barrister in extradition, international family, and immigration law. He is recognised in the Legal 500 for international crime & extradition, immigration, and family. He is recognised in Chambers & Partners for extradition and immigration.
Position
Mark is a barrister specialising in extradition, international family and immigration matters. He has particular expertise in cases involving cross-border issues and parallel proceedings across multiple jurisdictions.
He is recognised within the Legal 500 for his work in international crime & extradition, immigration and family: Children. Mark is recognised in Chambers & Partners for extradition and immigration.
Mark has appeared in the Supreme Court and the Court of Appeal, as well as the High Court Family Division in relation to international family matters and the Administrative Court in extradition proceedings.
He is an experienced extradition practitioner and regularly appears in the High Court (Admin) in relation to extradition appeals. He is instructed in relation to both import and export extradition, concerning request from both EU states and Part 2 countries.
Mark is an international family specialist and appears in child abduction and permanent relocation proceedings before the High Court Family Division. He is also regularly instructed in private children and care proceedings, especially those involving an international element.
He is a key member of the 5SAH immigration team with experience encompassing Tier 1 and business visa applications, derivative rights applications under Appendix FM, the EU Settlement Scheme, and asylum proceedings.
Mark is currently instructed in immigration proceedings following an extradition request, and in an extradition matter with parallel family proceedings. Mark regularly advises on disclosure of documents between family and immigration or extradition proceedings.
Direct Access
Mark is Direct Access qualified and can be directly instructed by members of the public through Direct Public Access. Please contact the clerks at 5SAH if you would like to instruct him directly.
Career
Professional Panel Appointments
- Attorney General's Panel of Counsel: C Panel.
- CPS Specialist Extradition Panel, Level 3.
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).
Education
Education
- BPP Law School, BPTC.
- Oxford Brookes University, GDL.
- University of Oxford, MPhysPhil (Physics and Philosophy).
Awards
- Walter Wigglesworth Pupillage Scholarship.
- Kennedy Scholarship.
- Hardwicke Entrance Award.
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