immigration law committee meeting - the Law Society`s governance
Transcription
immigration law committee meeting - the Law Society`s governance
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.