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Mark O’Connor

year of call: 1994

MOConnor@landmarkchambers.co.uk

Practice Summary

Mark was called to the Bar in 1994 and specialises in all areas of Public & Administrative Law, including Immigration, Nationality, Homelessness, Social Security and Education Law. Mark also practises in Discrimination Law work, including recently in its application to Employment and Army Law.
 
Mark is listed as a recommended junior in Public Law, in both the 2009 and 2010 editions of Chambers & Partners. In the “Other Notable Practitioners” section of this directory, the following was said of Mark’s work;

“Mark O'Connor ... is a highly skilled and experienced barrister and part-time judge. He has a significant knowledge of immigration law and, according to clients, his success rate is 100%. This extremely approachable and reliable barrister is particularly recommended for complex cases and can change a weak case to a strong one".

Mark is a Legal Adviser to the Kurdish Human Rights Project.

Last year Mark was part of the team that were successful in winning the "2009 Liberty/JUSTICE Human Rights Award". The Human Rights Awards are held jointly each December to commemorate Human Rights Day. The awards aim to recognise and encourage individuals and organisations whose work is dedicated to protecting and promoting the rights of others.

QUALIFICATIONS

Mark graduated from City University in 1993, in Business and Law (LLB (Hons)).

He was appointed as an Immigration Judge in 2006, a Judge of the First-tier Tribunal (Immigration and Asylum Chamber) and as Deputy Judge of the Upper Tribunal in 2010.

He was appointed as a Legal Services Commission Funding Review Adjudicator in 2006.

CASES

19 Nov 2009

EW v SSHD [2009] EWHC 2957

Counsel for one of the Interveners (with some 4-500 case stayed behind the lead case) in a challenge to the lawfulness of the Italian refugee protection system and consequently to the lawfulness of removals from the UK to Italy of those who may fall within the confines of such system.

30 Jul 2009

R. (on the application of AM & SS) v Secretary of State for the Home Department [2009] EWCA Civ 833

Interpretation of policy, whether literal interpretation appropriate when considering interpretation of Home Office policy

24 Feb 2009

R (on the application of Bhawan) v Secretary of State for the Home Department [2009] EWHC 469 (Admin); [2009] All ER (D) 133 (Jul)

Interpretation to be given to s 2(1)(b) of the Immigration Act 1971 regarding applications to become a citizen of the United Kingdom based on the position of parents and maternal grandparents who were citizens of the United Kingdom and Colonies.

07 Oct 2008

R (on the application of Limbu & others); [2008] EWHC 2261 (Admin); [2008] H.R.L.R. 48; [2009] A.C.D. 9; (2008) 158 N.L.J. 1414; (2008) 152(38) S.J.L.B. 32; Times

Junior counsel for three of the lead Claimants in the highly publicised Ghurka settlement cases

09 Jun 2008

SK (Sierra Leone) v SSHD [2008] EWCA Civ 853

Whether appropriate consideration given to the rights of an appellant’s UK based family members

09 Feb 2007

R (on the application of Buckowicki) -v- Northamptonshire Country Council;[2007] EWHC 310 (Admin); [2007] MHLR 121

Leading Counsel in a decision which determined that a Crown Court judge’s decision to impose a Guardianship Order is subordinate to the willingness of the local authority to accept the guardianship; the local authority has a wide discretion and are entitled to take a individuals propensity to be violent and disruptive into account when exercising that discretion

01 Jan 2007

OA (Nigeria) v SSHD [2006] EWCA Civ 1904; [2007] Imm. A.R. 96

Whether serving prisoners can exercise EEA treaty rights in the UK.

29 Jun 2005

R (Mosari) [2005] EWHC 1343 (Admin) [2002] All ER (D) 184 (Feb)

Asylum – Application – Certification of claim – Third country national – Asylum applications in multiple Member States – Determination of Member State responsible for examining asylum application – Removal of claimant to Member State for determination – European Convention on Human Rights, art 8.

31 Mar 2005

NM (Somalia) CG [2005] UKAIT 00076

Country Guidance case on risk of persecution upon return to Somalia.

01 Jan 2005

AC (Witness with refugee status, effect Somalia) [2005] Imm AR 714

What weight is to be attached by an Immigration Judge to prior positive findings of the SSHD’s in relation to a witness giving evidence before the AIT in another persons appeal.

06 Dec 2002

R (Commissoners of Customs & Excise)-v-Canterbury Crown Court

Jurisdiction of Crown Court Judge to prevent evidence being given in separate foreign jurisdiction proceedings, Criminal Justice (International Cooperation) Act 1990.

20 Feb 2002

R (on the application of Maheshwaran) v Secretary of State for the Home Department [2002] EWCA Civ 173; [2004] Imm. A.R. 176

Assertion of fact made by claimant before adjudicator – Assertion of fact not challenged by Secretary of State – Adjudicator not raising doubts with claimant about veracity of assertion – Whether adjudicator bound to accept assertion as proved

27 Sep 2001

R (Gloszczuk) -v- Secretary of State for the Home Department ECR I-6369 | European Community, [2002] All E.R. (EC) 353; [2001] E.C.R. I-6369; [2001] 3 C.M.L.R. 46; [2001] C.E.C. 358; [2002] I.N.L.R. 357

EEC Polish Association Agreement, Right of establishment/residence. Illegal entrant establishing himself in business and seeking to regularise his stay. Direct effect of Polish Association Agreement.

22 Jun 2000

R v Secretary of State for the Home Department ex parte Asifa Saleem [2001] 1 WLR 443

Procedural rule deeming receipt of notice of determination by appellant irrespective of actual receipt is ultra vires, Immigration Act 1971, s 22, Asylum Appeals (Procedure) Rules 1996, r 42(1)(a).

INQUIRIES

There are no inquiries available.

PUBLICATIONS

There are no publications available.