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IMMIGRATION LAW COMMITTEE MEETING
Tuesday 10 March 2015 at 15.30 in the Fetter Room
The Law Society 113 Chancery Lane, London
IMMIGRATION LAW COMMITTEE
Tuesday 10 March 2015 at 15.30hrs
in the Fetter Room,113 Chancery Lane, London.
AGENDA
1.
Apologies, Announcements & Declarations of Interest
15.30
Chris Cole
2.
Minutes of the Meeting on 13 January 2015
15.35
Attached
3.
Action List of the meeting on 13 January 2015
15.40
Attached
4.
Matters Arising/ Action Log
15.45
a. Tribunal User Group meeting 22 Feb 15 – update
Attached
b. Detained Fast Track - update
Attached
c. Correspondence with Mr Clements – postponements
Oral Update
For Discussion
5.
Legal Aid Update
16.00
Attached/
Simon Cliff
Classification – 2A confidential This item concerns the formulation of policy and is
restricted under paragraph 14.7 of the Code of Practice on Freedom of Information
to members of the Committee, the Legal Affairs and Policy Board and the Council.
This paper is confidential but may be discussed with Law Society members.
6.
ILC Detention Policy Position
16.10
Oral
Discussion
7.
Statement of Changes in Immigration rules – introduction of
Administrative Review
16.30
Attached/
Anselm
Benedict
8.
Immigration Judicial Review – Practice Note
16.45
Attached/Alice
Owen
17.00
Oral update/
Olivier Roth
Classification – 2A confidential This item concerns the formulation of policy and is
restricted under paragraph 14.7 of the Code of Practice on Freedom of Information
to members of the Committee, the Legal Affairs and Policy Board and the Council.
This paper is confidential but may be discussed with Law Society members.
9.
Law Society EU Project – update
Classification – 2A confidential This item concerns the formulation of policy and is
restricted under paragraph 14.7 of the Code of Practice on Freedom of Information
to members of the Committee, the Legal Affairs and Policy Board and the Council.
This paper is confidential but may be discussed with Law Society members
© 2015 The Law Society
10.
Immigration and Asylum Accreditation Scheme – Discussion
with Kamla Adiseshiah, IAAS Chief Assessor
17.15
Classification – 2A confidential This item concerns the formulation of policy and is
restricted under paragraph 14.7 of the Code of Practice on Freedom of Information
to members of the Committee, the Legal Affairs and Policy Board and the Council.
11.
Any other business
18.00
Oral
Discussion/
Kamla
Adiseshiah
Chair
Immigration Law Committee Members
Chris Cole, Chair
Laura Devine (CM)
Natasha Williams
Robert Sparks
Sharmila Mehta, Vice-Chair
Sonal Ghelani
Stefan Vnuk
Tony Haque
Muhunthan Paramesvaran
Barry O’Leary
Annette Elder
Adrian Seelhoff
Ashley Fleming
Committee terms of reference:
To keep under review and to promote improvements in immigration and asylum law, practice and
procedure
Meeting dates 2015:



9 June ( Fetter)
22 September (Fetter)
1 December (Breams)
© 2015 The Law Society
Posted on Corporate Business on 3 March 2015
as approved by the Chair
IMMIGRATION LAW COMMITTEE
Minutes of the meeting on Tuesday 13 January 2015
at 15.30 in the Fetter Room, 113 Chancery Lane, London
PART 1
Present:
Christopher Cole (Chair), Laura Devine, Ashley-Jayne Fleming, Adrian
Seelhoff, Barry O’Leary, Sharmila Mehta, Muhunthan Paramesvaran, Sonal
Ghelani, Robert Sparks, Stefan Vnuk and Natasha Williams.
Apologies:
Annette Elder and Tony Haque
In attendance:
Mark Paulson, Head of Family & Social Justice
Anselm Benedict, Policy Adviser
Olukemi Faloye, Governance Administrator
Glossary of
Abbreviations
DFT
FtTIAC
34.
Detained Fast Track
First Tier Tribunal Immigration and Asylum Chambers
WELCOME, APOLOGIES AND ANNOUNCEMENTS
The Chair welcomed members to the meeting and apologies were noted.
35.
DECLARATIONS OF INTEREST
There were no declarations of interest.
36.
MINUTES OF MEETING ON 25 NOVEMBER 2014 - PART 1
The committee approved the part 1 minutes from the meeting on 25
November 2014.
37.
ACTION LIST OF MEETING ON 25 NOVEMBER 2014 – PART 1
The committee noted the part 1 action list from the meeting on 25
November 2014.
38.
MATTERS ARISING
The committee discussed the following matters arising:
38.1
International visa issues - Letter to Simon Hayes
A reply to this correspondence had not been received. It was agreed that
Anselm
Benedict
1
Anselm Benedict would chase a reply from Simon Hayes.
38.2
Immigration Judicial Review (JR) - Practice Note
The committee discussed the intended practice note for which a working
group had been formed at the last meeting. The group includes the
following members: Muhunthan Paramesvaran, Barry O’Leary,
Christopher Cole, Adrian Seelhoff and Ashley Fleming. Anselm Benedict
would be working with a new policy assistant to complete this work by
June 2015. Work on the practice note would commence by the end of
January 2015.
38.3
38.4
38.5
Tribunal User Group - 22 February 2015 - Issues to raise
Barry O'Leary and Muhunthan Paramesvaran would attend the next user
group meeting on behalf of the Committee. The issue of fee awards
would be raised and confirmation that the pilot providing for early
provision of appeal bundles to the Home Office had ceased would be
sought. Members were asked to inform Anselm Benedict of any issues
they wish to be raised at the meeting.
DFT update including correspondence with the Tribunal
The committee noted the contents of the response received from the
President of the FtTIAC, Mr Clements. Members felt that the letter did not
make it clear what operational matters were discussed at the
administrative meetings held between the judiciary, HMCTS and the
Home Office. The committee agreed that Anselm Benedict would draft a
response requesting minutes arising from the meetings in order to assess
whether legal representative participation would be beneficial.
The
committee
Anselm
Benedict
Upcoming meetings - 22 January 2015
Home Office Operational Forum - 22 January 2015:
The committee were informed that they had been invited to attend the
next UKVI Operational Forum although currently all places had been
filled. The forum could be viewed by live web link. Anselm Benedict would
try to ensure that a Committee representative could attend in person.
City of London Migration working group
Robert Sparks and Muhunthan Paramesvaran would attend the City of
London migration working group meeting.
Complex casework partnership forum
The committee was informed that the complex casework partnership
2
forum meeting would be held 22 January 2015 in Liverpool. It was noted
that the Chair would be attending the event and would provide an oral
report a the next meeting.
39
FEE AWARDS
It was agreed that the issues relating to fee awards would be raised at
the next Tribunal User group meeting on 22 February 2015.
40
COMMITTEE RECRUITMENT AND REAPPOINTMENTS
The committee was informed that the Chair’s term of office would end on
31 August 2015. An advertisement with information on the recruitment of
the chair had been circulated. Interested committee members were
encouraged to apply. Anselm Benedict would circulate the terms of
reference and role description to committee members.
Anselm
Benedict
It was noted that members whose terms expire on 31 August 2015 have
been notified of this and a paper recommending their re-appointment
have been put forward to the LAPB for approval. Also, it was noted that
the Chair's term on the Committee expires on 31 August 2015.
41
FOR NOTING
The committee noted the Law Society's response to the Home Office
consultation on new draft visitors rules and guidance.
42
ANY OTHER BUSINESS
Committee annual dinner: The committee agreed to host its next annual
committee dinner immediately after its next meeting on 10 March 2015.
There being no other business, the meeting ended at 18.00hrs.
2.5 CPD hours could be claimed for attendance.
NEXT COMMITTEE MEETING DATE
The committee's next meeting would be on:

10 March 2015
3
IMMIGRATION LAW COMMITTEE
MEETING ON 13 JANUARY 2015 AT 15.30 IN THE
FETTER ROOM, 113 CHANCERY LANE, LONDON
PART 1
ITEM
ACTION
WHOM
38. MATTERS ARISING
International visa issues - Letter to Simon Hayes
Anselm Benedict would chase for a reply from Simon Hayes.
Anselm Benedict
40. COMMITTEE
RECRUITMENT AND
REAPPOINTMENTS
© 2015 The Law Society
Tribunal User Group meeting 22 February 2015 - Issues to raise
Members to forward to Anselm Benedict any issues they wish to be
raised at the meeting.
The committee/Anselm
Benedict
DFT update including correspondence with the Tribunal
Anselm Benedict would draft a response requesting minutes arising
from the meetings.
Anselm Benedict
Anselm Benedict would circulate the terms of reference and role
description for the position of the chair to committee members.
Anselm Benedict
UPDATE/STATUS
completed
Item 4a
IMMIGRATION LAW COMMITTEE
13 January 2015
Classification – Public
Purpose – For discussion
Tribunal User Group Meeting -22 March 2015
The Issues
This meeting was attended by Barry O’Leary and Muhunthan Paramesvaran who
kindly represented the Committee.
The Committee is asked to consider the attached note of the meeting (prepared by
Barry O’Leary)
Financial and Resourcing implications
Within existing resources
Communications
There are no communications issues arising.
Equality and Diversity implications
No issues identified.
Consultation
None at this stage.
Director:
Author:
Date of report:
Mark Stobbs
Anselm Benedict
3 March 2015
© 2015 The Law Society
HMCTS
IMMIGRATION AND ASYLUM
STAKEHOLDERS’ MEETING
18 FEBRUARY 2015
Mr Justice McCloskey could not attend and the meeting was chaired by Mr Clements.
This is not the full minutes of the meeting but the notes I think may be useful for the Law
Society Immigration Law Committee.

IAC performance update/postponements
For the first half of the last year they had less appeals than they expected. In the second half
of the last year, there have been far more appeals. This has meant that performance has
decreased.
Mr Yaxley (who will be leaving his post at HMCTS) confirmed that they have taken on extra
judges from other areas of law. We asked him if they have funding in place for those judges
and there will be extra judicial time available. He was clear that there was funding in place
and there will be more judges sitting and therefore more appeals could be heard.
Mr Clements interrupted at that point and stated that they only knew their funding up
until April 2015 and they couldn’t say anything further after that.
There is an understanding from the judiciary that the postponements at short notice
are a concern. (There seems to be an issue where the judiciary are concerned but
they do not quite have the ability to tell admin to not “over list” -I don’t quite
understand this but it does seem to be the case).
With the new judges on board, they believe that they will be able to start to get on top
of the postponement issue but only about eighty of the new judges are able to sit on
their own at present and the next sixty five to seventy will not be ‘on stream’ for at
least two months. They hope that postponements will be a rarer event but there are
no promises. To illustrate their concern they explained that they are flying judges in
from Scotland in order to sit at London courts.
Mr Clements’ stated that despite the problems, it is difficult to find a listing practice
that works better than the one they have got at present.

Immigration Act 2014 Appeals
Mr Yaxley confirmed that the rest of the new appeals structure will be brought into
force in two tranches in March 2015 and April 2015. We asked which appeals will
come in and when and Mr Yaxley stated that he could not tell us as that was
embargoed. Alison Harvey of ILPA therefore told the whole meeting when they were
coming in as she believes they are not embargoed. Tier 1 and Tier 5 are coming in in
March and everything else is coming in in April.

Fee awards/Costs
Members should read the case of Cancino (costs – First-tier Tribunal – new powers)
[2015] UKFTT 00059 (IAC) as this deals with the award of costs. Need to note that it
does not apply to appeals lodged pre-October 2014 and, at paragraph 27, that costs
will be a rare event. It is not ‘costs follow the event’ as in JR.

JR update
It seems that they did get very far behind but they think their performance has
improved and that they will soon bet up-to-date. There is now a very small rump of
very old cases and we should start to see a regular throughput.

Three week directions and Notice of Hearing
The three week directions have stopped. This whole idea of “triage” is over. Mr
Yaxley then explained that new directions are being sent out using the new twentyeight day procedure. This then led to confusion as we did not understand this but the
HMCTS and the Home Office seemed clear that documents had to be submitted
twenty-eight days from the notice of appeal. We were taken aback by this and having
looked at the appeal procedures afterwards (which Mr Yaxley said this is based on) it
seems that only the respondent has to do something with twenty-eight days. This is
not the case for the Appellant. We need to write a letter sorting this out and ILPA
would like to do it jointly with us because Alison was also quite confused by this.

Bail issues
BOP are very concerned that those applying for bail do not understand that they
have a choice as to whether they go in person. I think the main point for the Law
Society to understand is that advisors should make it clear to their clients that they
have a choice to be present. BOP’s opinion is that it is very much more likely that bail
will be granted if they are present in person.
It is very difficult for the bail people to get their point across (to be discussed in
person at our next committee meeting).
Item 4b
IMMIGRATION LAW COMMITTEE
10 March 2015
Classification – Public
Purpose – For discussion
Detained Fast Track
The Issues
Members will find attached a meeting note of the most recent Home Office DFT
stakeholder meeting held on 6 February 2015. Muhunthan Paramesvaran attended
on behalf of the Committee and will provide the Committee with an oral update on
recent developments.
Financial and Resourcing implications
Within existing resources
Communications
None at this stage
Equality and Diversity implications
None identified at this stage
Consultation
None at this stage
Director:
Author:
Date of report:
Mark Stobbs
Anselm Benedict
3 March 2015
© 2015 The Law Society
Title of meeting
Detention Action Stakeholder Roundtable Meeting
Date
06 February 2015
Time
10:00am – 12:00pm
Venue
Conference Room 2, Home Office, Marsham Street
Chair
Anthony Simm (Home Office)
Attendees
David Rhys Jones – Helen Bamber Foundation
Gabriella Bettiga – Lawrence Lupin Solicitors
Jehanzeb Khan – Ahmadiyya Association
Muhunthan Paramesvaran – Wilsons LLP and Law Society
Ayan Yalchin – Duncan Lewis Solicitors
Theresa Schleicher – Medical Justice
Hassan Khan – Thompsons Solicitors
Tamsin Alger – Detention Action
Paul Dillane – UKLGIG
Alison Harvey – ILPA
Alan Deve – UNHCR
David Enwright – Howe & Co Solicitors
Dan Smith – Home Office
Alison Samedi – Home Office
Andrew Owen – Home Office
Karen Gallagher – Home Office
Anita Balani – Home Office
Vijay Behl – Home Office
1
1. Introductions
Anthony Simm welcomed all attendees and brief introductions took place. Anthony confirmed that
the purpose of the meeting was to discuss the remedial actions from the DA Judgment and Order
and that individual cases would not be discussed.
2. Action points from the previous meeting
Actions from the previous meeting on 07 November 2014 were discussed. The following is a
summary of the status of those points:
a. Legal Aid (points 3,4 and 13)
ILPA – Requested update on the current situation is with regards to funding at screening stage.
Dan Smith explained that meetings were scheduled with the LAA on 23 and 30 January 2015 but
due to sickness these were cancelled. However, efforts are still being made to schedule the meeting.
Howe & Co / ILPA – Suggested that other people in the LAA could be approached. In particular
there was a meeting with the LAA on Tuesday 10 February 2015 where a representative could be
identified.
Action – Anthony Simm – to obtain further information from LAA
Meeting now set for DFT and the LAA on the 9th March 2015.
b. Access to Harmondsworth IRC (points 5 and 6)
Medical Justice – Requested the opportunity to be able to visit other parts of Harmondsworth IRC.
In particular where potentially vulnerable applicants are being detained.
Action - Dan Smith – to obtain a contact for potential visits / tours.
Harmondsworth & Colnbrook – Jaspreet Sahni – [email protected]
Yarl’s Wood – Martin Waspe – [email protected]
c. Asylum Instruction on Interviews (point 8)
Detention Action – Asked if the asylum policy instruction regarding asylum interviews was available
online and it was confirmed by Dan Smith that it was.
Link:
www.gov.uk/government/uploads/system/uploads/attachment_data/file/298853/Asylum_intervi
ew_policy_guidance_v_5.pdf
d. Examples of Redacted Detention Reviews (point 9)
Detention Action – Enquired as to whether these had been provided.
Dan Smith – Due to the most recent judgment regarding the way in which DFT review detention
and given the change in the process, this has been delayed.
Action – Dan Smith – Examples of redacted detention reviews (pre and post decision) to be
provided by 28 February 2015.
Following internal discussion the Home Office do not consider it appropriate to provide redacted
versions of detention reviews whilst the Detention Action legal challenge is on-going.
However DFT Detention Review guidance dated 17th February 2015 is attached.
e. AoB From the Last Meeting
Detention Action – Please clarify the process for referring PVoTs to the Poppy Project.
If a PVoT receives a positive Reasonable Grounds decision then the initial referral for support is
made to the Salvation Army.
It has been several years since the Poppy Project have been involved in this process.
3. Access to Harmondsworth IRC
Dan Smith – Explained upgrade to interview suites and that there was a meeting around access to
Harmondsworth IRC in November 2014. Process put in place and positive steps taken to assist in
bookings for legal visits which has resolved some issues (34 requests for legal visits granted).
However, aware in the last week or so, there have been issues booking legal visits. This situation
will improve when the old interview suites are upgraded in 4-6 weeks which will create a total of 30
interview rooms of which 6 will be available for legal representatives (increased from 4).
Howe & Co / Thompsons / Lawrence Lupin – There are still problems to visit clients. There must
be a durable solution with regards to accommodating legal visits and duty reps should have
unfettered access to their clients. There are areas available in the IRC which could be used and duty
representatives should not have to negotiate with DFT. Requested that the 19 interview rooms
currently available to DFT are allocated to the duty representatives. There was an improvement for
first couple of months since the meeting in November 2014 but in the last 2 – 2 ½ weeks the
situation has worsened. The situation at Colnbrook is worse due to the availability of 2 rooms only.
Dan Smith – Not possible to get to the situation of open surgery due to the sterile area in which
movement of people has to be facilitated by MITIE. Not possible to allocate all interview rooms to
legal representatives as these are required for DFT interviews. However, this is to be improved.
Action - by 20th February 2015 – Dan Smith – To investigate what has changed in the last 23 weeks and to improve process to ensure access. This is to include Harmondsworth and
Colnbrook.
This was to due to building work taking a proportion of the rooms out of action.
From Monday 02 March, the number of allocated rooms which are set-aside solely for the use of
solicitors visiting their clients is to be increased by 100% to a total of 8 rooms. This will greatly
increase the capacity for legal-visits to take-place for all firms of solicitors representing those
claimants in the Fast-Track process. However given the high percentage of clients represented by
three of the larger duty-firms, those firms will have allocated rooms nominated for their firm’s use
only and a dedicated booking process to manage utilization of available interview slots themselves.
Please see the attached guidance which has been circulated for comment and revision over the past
week.
Action – by 20th February 2015 - Dan Smith – Arrange follow up meeting with MITIE.
Temporarily held to see how new process for room booking works.
4. Helen Bamber Foundation / Freedom From Torture Referrals
Medical Justice / ILPA / Helen Bamber Foundation – A new problem has arisen; cannot access
medical reports at HW and CB since the beginning of the year. Need to see applicants urgently
especially now that they are not being released for HBF/FFT appointments without confirmed
dates. Therefore there are potentially more vulnerable applicants in detention. Inconsistent
approach to referral letters without dates, some have been released whereas some have not.
Dan Smith – First time heard of medical records not being provided in the IRC.
Alison Samedi – Not aware that some applicants have been released without appointment dates.
Individuals may have been released as a result of internal safeguarding processes. This would
include consideration of any representations from HBF and FFT. Policy regarding Medico-Legal
Reports currently being updated. In the meanwhile caseworkers cannot deviate from existing policy.
When updated, details will be shared.
Action – Dan Smith – To contact Detention Operations to ensure medical records are
available.
Harmondsworth & Colnbrook
Stella Simpson, Head of Healthcare operations, has confirmed, there were some IT issues and the
installation of a new IT system which caused delays in January and February. Requests with consent
are usually processed within 24 hours but can take up to 48 hours. If an issue occurs please email [email protected]
Yarl’s Wood
Lesley Quinn, Healthcare Manager at Yarl’s Wood IRC, has confirmed, requests with medical
consent are generally turned around in 48 hours and if this is not adhered too, the duty nurse can
be contacted on 01234 821148/73
5. Data Highlights (4 Working Days and Flexibility)
Dan Smith – From 05/11/2014 to 30/01/2015 inclusive, interviews conducted = 834. Noncompliant (less than 4 days) on 12 occasions:

2 applicants given 3 working days. However both were represented by private firms for 1
month and 4 months respectively prior to asylum claim;

2 applicants interview cancelled and re-booked allowing 4 working days;

4 applicants given flexibility of 1 extra working day after the interview;

2 applicants in the NSA process therefore 2 working days given after the interview;

1 applicant released;

1 applicant granted asylum.
Note: Both duty and private representatives are given 4 working days before the substantive asylum
interview.
Period 05/11/2014 – 30/01/2015 flexibility exercised in 74 cases (including additional time at start
of interview for instructions, extensions for further reps and allocation of rooms for legal visits at
any stage of the claim).
6.
Detention Acton Judgment 16 December 2014
Dan Smith – Instructions issued for caseowners regarding the new process for reviewing detention.
On 16 December 2014 reviewed detention for all cases at appeal stage and interim instructions
issued.

122 cases at the appeal stage.

8 released from detention.
From 18 December 2014 to 30 January 2015:

162 further claimants appealed- detention reviewed for all.

6 released from detention
Final instructions issued on 30 January 2015.
Action – Dan Smith – To provide DFT detention review guidance issued 30 January 2015 –
Attached and completed.
DFT Detention Review guidance dated 17th February 2015 is attached.
7. AOB
a. Meetings
Thompsons / Helen Bamber Foundation – Issues are separated and various meetings take
place but as the same people are involved and the issues concern DFT as a whole, all issues
should be discussed together .
Action – Alison Samedi – to look into organizing a one day workshop with all
concerned parties and to extend invite to other parties e.g. MITIE, NHS etc.
This is still being considered.
b. Applicants of the Ahmadi Faith in Detention
AMAUK – Verification by the AMA takes 6-8 weeks. Therefore cannot provide verification in
DFT timescales. At Harmondsworth IRC Ahmadi applicant’s have been subject to abuse and
intimidation. The system to report such abuse and intimidation is not transparent.
Dan Smith – Each case is decided on its own merits. In some instances applicants have been
released and in others it will depend on whether the AMA letter will take the case further.
Action – Dan Smith – Raise AMA concerns to MITIE
MITIE responded to the AMA setting out avenues of recourse on the 6th February –
attached.
c. Asylum Screening Unit Croydon
Thompsons – Not able to use laptops in screening interview cubicles.
Action Point – Andrew Owen – To provide update at the screening review meeting on
05 March 2015 and meeting invite to be sent out to everyone.
Completed 6th February 2015.
Action Point – Andrew Owen – Clarify guidance on laptop useage during Screening
Review .
It has been communicated to staff that laptops can be used during a Screening
Interview.
d. Training Materials
Detention Action – Have requested a copy of training materials, in particular relating to the
Detention Action judgment.
Action – Dan Smith – Provide training materials from ACD Foundation Training
Programme which relate to DA Legal challenge
The most recent FTP did not include specific reference to DA as it was designed in before the
High Court Judgment was promulgated. On-site training is provided during mentoring (see
detention review guidance). The next iteration of the FTP will include reference to the DA legal
challenge.
Next Meeting
General consensus is that the meetings are useful. To be arranged for early March 2015 to
ensure there are no clashes with the NASF.
Action – Dan Smith – To set date and distribute invite
16th March 2015 1500-1700 at 2MS conference room 5b. Invitation extended to other
stakeholders which includes those who attend R35 stakeholder meeting.