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Hoxha and Others, Regina (on The Application of) v Secretary of State for The Home Department (Representatives: Professional Duties): UTIAC 4 Mar 2019

(1) OISC organisations are only able to carry out judicial review case management with counsel authorised to conduct litigation if the organisations are both level 3 registered and have special authorisation to do this work.
(2) It is a commonplace of working in the difficult area of immigration and asylum judicial review, that practitioners are faced with clients who are distressed at the prospect of being removed from the United Kingdom. This does not absolve such a professional from the need to stand firm and act only as authorised by the statutory scheme.
(3) Where a medical expert report is relied upon by a legal representative, the representative has a duty to check the report for accuracy, including ensuring the report accurately reflects the way in which the information in it came to be obtained.
(4) Failure to carry out properly professional duties as set out above, inter alia, may result in the Upper Tribunal referring the legal representative / organisation to the relevant regulatory body.

Citations:

[2019] UKUT 124 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Legal Professions

Updated: 06 July 2022; Ref: scu.637761

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