The Expert is a practising Advocate and Barrister-at-Law in Pakistan. He is the Senior Partner of Khan & Co Barristers-at-Law and has repeatedly been appointed as an expert on Pakistani law in the UK court system. The Expert is counsel to foreign governments on Pakistani law and is a Registered Foreign Lawyer with the Solicitors Regulation Authority and practices law in the UK and in Pakistan. The Expert has provided more than 200 reports in immigration and family law cases funded by the Legal Aid Agency and the Scottish Legal Aid Board The reports provided by the Expert have addressed issues related to adultery, adoption, blasphemy, custody and abduction of children, divorce (talaq), divorce (khula), forced conversions, forced marriages, gender based violence, gender identity claims, honour killings, human trafficking, internal relocation, jirgas (tribal councils), law reform, legitimacy of children, Pakistani prisons, protection of witnesses, religious minorities and ethnic groups, statelessness, sexual orientation claims, terrorism offences and women’s protection legislation. The Expert is particularly well-versed in the Constitution of Pakistan 1973, judicial review in Pakistani courts, public law issues and national accountability cases.
In GA v SSHD PA028512020 [2022] UKAITUR the appellant succeeded on the Refugee Convention. Upper Tribunal Judge Macleman observed at paragraph 5 that "On the protection claim, the appellant produced and founded upon a supplementary report dated 15 January 2022 by Mr Asad Ali Khan. The respondent did not challenge the expert standing of the author."
In ZU (Pakistan) v SSHD [Appeal Number: PA/00529/2021], the appellant was a Pakistani national from a border region in Khyber Pakhtunkhwa close to Afghanistan who feared persecution from both the Pakistani Taliban/TTP and the Pakistan military as his brother's car was used in a terror/bomb attack on the latter. He arrived in the UK by boat from Dunkirk (France). Allowing his asylum appeal, FTTJ McMahon emphasised that: "The report of Mr Asad Ali Khan at pages 15-30 of the Appellant’s Evidence Bundle is particularly important ... Mr Khan is a Senior Lawyer in Pakistan" and "I must also take into account that the Respondent did not challenge Mr Khan’s expertise or qualification to provide the opinions in the report. In any event, I am satisfied that Mr Khan is qualified to provide the opinions contained in his report ... Accordingly, I have given his report significant weight." FTTJ McMahon added that "Mr Khan’s legal qualifications derive from UK institutions, along with other qualifications in relation to international relations, anthropology and development along with near and middle eastern studies."
In SR (Pakistan), Appeal Number: PA/52561/2022, the Pakistani appellant’s further submissions made in 2017 and 2018 were refused. Her further submissions of 20 July 2021 were that she would be at risk in Pakistan due to honour based violence, as she had refused to marry her cousin in an arranged marriage. She also said that owing to her mental health removing her to Pakistan would breach her Article 3 rights on medical grounds. Allowing her appeal, FTTJ Woolley said this:
"19. I have also considered the expert report of Asad Ali Khan. I accept from his qualifications that he can be regarded as an expert on country conditions in Pakistan.
31. I find that it would be unduly harsh to expect the appellant to relocate to another area of Pakistan. She will be a single lone woman without any male support. She suffers from significant mental ill health which will make her vulnerable in any new community. I accept Mr Asad Khan’s view that this will expose her to stigma and possible exploitation. With a Punjabi accent she will be identifiable as an outsider. I accept her evidence that she has never worked in Pakistan or in the UK. She was credible when she said that to obtain any job she would have to provide references which she could not obtain. I also accept that relocation would not necessarily remove her from the risk of harm. Mr Asad Khan explains how the new CNIC system works. She is currently without a CNIC and I accept that it is not possible to function as a citizen in Pakistan without one. In order to obtain one she would be subjected to scrutiny by NADRA and only be able to obtain an ID with the support of blood relatives. This would inevitably lead her family to find out where she was. I also accept from Mr Asad Khan that although in theory she could approach the police, that it is likely that they will in practice encourage reunion with her family which again will place her at risk. I find that in her condition (status of lone woman and poor mental health) that she will not be able to access adequate protection from the State. In her condition I find that relocation would be unduly harsh and ultimately ineffective. Even if she was able to access a shelter this would not provide a long term solution to her problems, because when she had to leave it she would still be exposed to risk. I accept that her 'footprint' would become known and that her family would be able to trace her in Pakistan."
In RC (Pakistan) v SSHD, Appeal Number: PA/55925/2023, the appellant claimed asylum on the basis of his imputed religion and feared Islamic extremists belonging to the TLP who targeted him because of his links to Ahmadis/Qadyanis, He succeeded in his claim and First-tier Tribunal Judge Rothwell held:
“27. The appellant provided an expert report prepared by Mr Asad Ali Khan who is a senior partner at Khan & Co, Barristers authorised by the Sindh Bar Council in Karachi, and he is advocate in the high courts in Pakistan. He is experienced in Pakistani law and practice. Ms Sudera said that Mr Khan is not qualified to authenticate documents, but I disagree as I have to apply the lower standard of proof. Mr Khan gives details about each of the documents and deals in detail as to why he believes that each one is genuine. Further I have the detailed evidence from the appellant about how they were obtained, which I accept. I agree that applying the lower standard of proof I have no reason to suspect that they are fraudulent. I can place weight upon these documents.
29. … The next issue is whether there is sufficiency of protection. The respondent states that the Pakistani authorities have detained leaders and arrested supporters of the TLP. Mr Khan explains that the real issue is that the appellant is suspected of being Ahmadi and Ahmadis are targeted all over the country. I agree that from reading Mr Khan’s report and the background evidence that there is evidence of corruption amongst the Pakistani authorities, and they are complicit in the persecution of Ahmadis, even thought they have arrested persons associated with TLP.
30. Mr Khan’s report which is cross referenced and is supported by the CPIN, and other background evidence is that Ahmadis are at risk of serious harm in particular from anti-blasphemy groups such as TLP, because Ahmadis are believed to be guilty of insults to the Prophet …
31. Mr Khan also sets out the risk to Ahmadis and agrees and quotes the CPIN that Ahmadis are at risk because the correct procedures are not applied by the police to investigating blasphemy cases, the courts do not apply the correct standards and judges are reluctant to decide blasphemy cases because of fear of retribution. Police are known to be complicit in harassment and the filing of false charges against Ahmadis or in the face of violence against Ahmadis. The killing of Ahmadis is on the rise in Pakistan.
32. Mr Khan has examined and stated that the Fatwa is genuine and explains that the madrassa that issued the Fatwa is part of the extremist Islamic movements in Pakistan which preach radical and extremist ideology. The Fatwa demonises the appellant and his wife who it is stated abandoned Islam and converted to being an Ahmadi, and he has rejected the Prophet Muhammad.
33. Mr Khan also sets out that there is a risk that the appellant may be detained under the blasphemy laws because it is believed that he has converted to being an Ahmadi …
34. When I apply the lower standard of proof, I do not accept that there is a sufficiency of protection for the appellant on return to his home area in Pakistan.
36. … Mr Khan sets out in detail that he would need to register in any new area, and the process required. Mr Khan sets out why that this would put him at risk from the TLP being able to locate him …
38. Applying the lower standard of proof, it is reasonably likely that the appellant will be traced in another area of Pakistan, because he was traced to his sister’s home, and for the detailed reasons set out by Mr Khan in his report. I do not accept that there is a sufficiency of protection if he is traced …”
The Expert is an advocate of the High Courts of Pakistan and has a detailed knowledge of the legal processes and the courts in the country. He has advanced knowledge of Muslim personal law in Pakistan. He has an in-depth knowledge of all the political groupings in the country and state/non-state actors of persecution and minority persecuted communities such as Ahmadis, Christians, Hindus and Hazaras. He has the following degrees and qualifications:
• The University of Law, LL.M, Corporate Law, 2009–2013, London: Distinction.
• Called to the Bar of England and Wales (Middle Temple) 2007.
• The College of Law, LL.B (Honours), Law, 2005–2007, London.
• The College of Law, Bar Vocational Course, 2006–2007, London.
• The College of Law, Graduate Diploma in Law, 2005–2006, London.
• School of Oriental and African Studies, University of London, MA Near and Middle Eastern Studies, 2003–2004.
• London School of Economics and Political Science, University of London, MSc Anthropology and Development, 2000–2001.
• Webster University, Saint Louis, Missouri, United States of America, BA International Relations, First Class, 1995–1998.
The Expert has produced more than 200 expert reports on Pakistan, either for private clients or for UK courts and proceedings. He has repeatedly been appointed court expert on Pakistan in family proceedings in the UK courts and has produced several reports in that area. The Expert has provided numerous reports in UK asylum cases funded by the Legal Aid Agency and the Scottish Legal Aid Board. He has also provided reports for private clients in UK asylum cases. The Expert is also counsel to The Pakistan Institute of International Affairs (an independent policy think tank established in 1947). He edits the Institute’s blog Pakistan Horizon and has continuously worked in the field of development and the rule of law in Pakistan for 15 years. He is experienced in civil, corporate, criminal, extradition and human rights cases and practices law simultaneously in Pakistan and in the UK. He works in UK immigration law in an English law firm with a focus on asylum, children, deportation, spouses, the points-based system, Convention rights, complex nationality cases and judicial review. The Expert regularly publishes analysis and commentary on immigration and asylum law. He also writes frequently on family law, corporate law, good governance and human rights law in comparative perspective. Furthermore, the Expert has provided reports to foreign governments in national security and terrorism cases. The Expert has additionally provided reports to UK local authorities for court proceedings and is routinely instructed by them. The Expert has an in-depth knowledge and understanding of civil, criminal, corporate and family law procedures and the law of evidence in Pakistan.
The expert is an elected Council Member of the Governing Council of The Pakistan Institute of International Affairs. The Institute regularly conducts specialist events in relation to the government, politics and international relations of India. In its annual International Conference, the Institute focusses on the politics and law and order situation in India and internal conflicts in India such as the ongoing conflict in Kashmir, the struggle of the Sikh people in Indian Punjab and the Naxalite–Maoist insurgency movements in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. Prominent India politicians such as Mani Shankar Aiyar have travelled to Pakistan to speak at the Institute on Indian affairs, politics and human rights. Similarly, the Institute also regularly organises specialist events in relation to the government, politics and international relations of Afghanistan and women’s rights and human rights under the Taliban. The expert is also experienced in South Asian law and practice and procedure and he is familiar with South Asian courts
UNITED KINGDOM IMMIGRATION LAW BLOG
https://asadakhan.wordpress.com
GLOBAL CORPORATE LAW
https://globalcorporatelaw.wordpress.com
PAKISTAN HORIZON
http://pakistanhorizon.wordpress.com/
Articles on EIN:
https://www.ein.org.uk/search?query=ASAD
Articles on UKSC BLOG:
http://ukscblog.com/?s=ASAD&search=Go
Journal Articles:
- Personal accountability in Pakistani financial services - a briefing on the Companies Bill 2015 and lessons from the UK senior managers regime, The Company Lawyer 2016, Thomson Reuters, Sweet & Maxwell, 37(6), 193-194.
- Benchmarks and regulation: key lessons of UK reforms for South Asia, The Company Lawyer 2017, Thomson Reuters, Sweet & Maxwell, 38(11), 335-342.
- The future of LIBOR: emerging trends in financial services, The Company Lawyer 2018, Thomson Reuters, Sweet & Maxwell, 39(12), 401-410.
- Fool’s Gold in Pakistan: The Reko Diq Case. The Company Lawyer 2021, Thomson Reuters, Sweet & Maxwell, 42(2), 63-71