(1) Poor professional immigration advice or other services given to P cannot give P a stronger form of protected private or family life than P would otherwise have.
(2) The correct way of approaching the matter is to ask whether the poor advice etc that P has received constitutes a reason to qualify the weight to be placed on the public interest in maintaining firm and effective immigration control.
(3) It will be only in a rare case that an adviser’s failings will constitute such a reason. The weight that would otherwise need to be given to that interest is not to be reduced just because there happen to be immigration advisers who offer poor advice and other services. Consequently, a person who takes such advice will normally have to live with the consequences.
(4) A blatant failure by an immigration adviser to follow P’s instructions, as found by the relevant professional regulator, which led directly to P’s application for leave being invalid when it would otherwise have been likely to have been granted, can, however, amount to such a rare case.
Citations:
[2018] UKUT 274 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration, Human Rights
Updated: 01 February 2022; Ref: scu.628734