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Solicitors Regulation Authority issues important warning notice reminding immigration lawyers of their obligations

Summary

SRA reminds solicitors of their obligations to uphold the rule of law and act with honesty and integrity

By EIN
Date of Publication:
27 September 2023

The Solicitors Regulation Authority (SRA) has today issued an important warning notice for solicitors and law firms providing immigration services to clients.

Immigration stampImage credit: UK GovernmentYou can read the warning notice online here.

In the wake of the high-profile suspension of three firms after a Daily Mail uncover investigation, immigration law practitioners are reminded of the rules and requirements they must adhere to.

The SRA commented: "The warning notice focuses on themes that we have picked up through recent investigations, as well as through our wider work. Issues identified have included poor drafting of applications, advising clients to pursue totally-without-merit appeals, and solicitors supporting clients in the submission of false or exaggerated evidence to support applications."

The warning notice emphasises that honesty and integrity, and upholding high professional standards, are especially important in immigration and asylum law, as clients involved may be among the most vulnerable in society.

"Consequences for this group can be particularly severe, long-lasting, and difficult to rectify. A client found to have submitted false or misleading information to the Home Office or relating to an appeal could face significant financial and personal consequences, including being made to leave the country," the SRA warns.

Solicitors are reminded of their obligations to uphold the rule of law and especially of the need to:

  • Make sure clients provide honest and accurate information in any applications;
  • Not be complicit in providing false or fabricated information or claims, or making applications that are totally without merit;
  • Provide clients with realistic assessments on the strength of any potential case.

Paul Philip, Chief Executive of the SRA, added that today's warning notice should act as a reminder that the rules are clear about the high professional standards expected from immigration lawyers, and the SRA will not hesitate to take action against solicitors or firms who fall short.

The SRA also noted that it would be publishing further new guidance to support law firms, though it did not specify when. The SRA's current November 2022 guidance for immigration work is available here.