Barrister Md Abu Sufian was ordered to be disbarred by an independent disciplinary tribunal which concluded on 23 June following eleven charges of professional misconduct brought by the Bar Standards Board (BSB).
The tribunal found that Mr Sufian, failed to observe his duty to the court by knowingly and dishonestly misleading or attempting to mislead the court when representing clients in immigration proceedings. During these proceedings, Mr Sufian made a Zambrano application, falsely representing the relationship of his client to a child, which stated the client was the primary carer. Mr Sufian submitted this application knowing this information was untrue.
In the same immigration proceedings, Mr Sufian also advanced accounts to the court on behalf of his clients when he knew one of the accounts was untrue or misleading. The appellant gave evidence that his wife was trying to persuade him to retain his faith. When representing the wife at an asylum appeal at a later date, Mr Sufian advanced a contradictory case that the wife was an atheist.
Mr Sufian also made untrue and/or misleading statements that he was not involved in completing the Zambrano application and how the client came to be in possession of a child’s passport which was included in support of the Zambrano application.
In further charges, the tribunal found that Mr Sufian had a personal interest in the outcome of the immigration proceedings, in acting for the clients, (the appellant and the appellants wife), and as such was not able to act with independence. Mr Sufian was also found to have failed to take reasonable steps to avoid wasting the court’s time by making an application and drafting documents containing contentions which he ought to have known were not reasonably arguable.
Spokesperson, The Bar Standards Board said:
“Mr Sufian represented people where he had a clear interest in the outcome of the case and made dishonest and misleading statements. This behaviour falls far below the standards the public rightly expect of barristers. The decision to disbar reflects the seriousness of the misconduct in this case.”
The tribunal’s findings remain subject to appeal.
About Barrister Md Abu Sufian
Md Abu Sufian was called to the Bar of England and Wales by Gray’s Inn in October 2011.