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New practice note on immigration appeals from the Law Society

Date of Publication: 
11 December 2017
Summary: 

Intended for all solicitors undertaking appeals in the First-tier Tribunal (Immigration and Asylum Chamber)

New practice note on immigration appeals from the Law Society

11 December 2017
EIN

The Law Society on Friday released an important new practice note on immigration appeals.

You can read it online here (you'll need to register on the Law Society website to read the practice note and, if you haven't already done so, you can register for free here).

The practice note is intended to be read by all solicitors undertaking immigration appeals in the First-tier Tribunal (Immigration and Asylum Chamber).

It was developed by the Law Society's Immigration Law Committee, and has been endorsed by the Council of Immigration Judges.

The practice note includes detailed advice on:

  • best practice in the conduct of asylum appeals
  • protection and human rights claims
  • case management in the First-tier Tribunal (Immigration and Asylum Chamber)
  • preparation of evidence for hearings
  • best practice in the appeal hearing
  • onward appeals
  • costs
  • funding

The Law Society says the practice note is intended to provide practical advice and guidance to practitioners. The note states:

"Effective case management in your conduct of an immigration appeal is crucial to achieving the best possible outcome for your client. Recent decisions of the Upper Tribunal have emphasised the importance of compliance with case management duties, rules and practice directions and the risk of costs and other sanctions where you fail to do so.

"Recent studies into the quality of asylum legal advice and representation, including that commissioned by the SRA and Legal Ombudsman, have highlighted that in some instances appeal preparation has been of poor quality. Although this is not characteristic of all appeal preparation, problems do exist which this practice note seeks to help resolve.

"This practice note is not intended to replicate existing guidance on the substantive law and procedure within the appeal process but to provide practical advice and guidance to practitioners."