RK v Secretary of State for the Home Department: UTIAC 5 Oct 2011

UTIAC (Entitlement To Represent: S.84) Bangladesh – (1) Section 84(1) of the Immigration and Asylum Act 1999 provides that no person may provide immigration advice or immigration services unless he is a qualified person.
(2) Section 82(2) provides that references to the provision of immigration advice or immigration services are to the provision of such advice or services by a person in the United Kingdom ‘in the course of a business carried on (whether or not for profit) by him or by another person’.
(3) Rule 48(1) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 provides that ‘an appellant . . may . . be represented by any person not prohibited from representing him by section 84.’
(4) Accordingly, where a family friend was seeking (otherwise than in the course of a business) to represent the appellant at a hearing, the Immigration Judge had no right to restrict the friend’s involvement to that of a Mackenzie Friend on the basis that he was not legally qualified (see also HH (Sponsor as representative) Serbia [2008]UKAIT 00063).

Judges:

Lane UTJ

Citations:

[2011] UKUT 409 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 20 September 2022; Ref: scu.445182