'Immigration? My clients don't have those sort of problems and, even if they did, I'd just telephone the Home Office and ask them to tell me my client's position.'This is a dangerous view to take! You would not telephone a landlord to find out the legal position if a client was faced with an eviction notice; you would not telephone a creditor to find out the legal position if a client was served with a bankruptcy notice; you would not telephone a husband to explain a divorce petition served on a wife.
So why call the Home Office to ask them to explain the legal ramifications of a passport endorsement -- or lack of one?Many solicitors say that immigration law is 'common sense' or 'easy -- just a bit of clarification is needed from the Home Office'.
For those lawyers who specialise in immigration law, such an attitude is frustrating.
But it is also potentially dangerous for the client.It is impossible, on the basis of a brief telephone call, to explore all the possible aspects of a person's immigration status.
The fact that a person is not British means that any steps taken in connection with any other proceedings could lead to the client losing permission to remain in the UK.
The client could lose permission to work or a right to British citizenship.
The client could end up separated from children.At the very least a solicitor is under a professional duty to ensure that legal advice given under one aspect of law also takes into account parallel aspects of other law so that a client can give instructions based on full and proper information.In the last few weeks I have seen women who, either because of lack of advice or bad advice, are facing deportation from this country, in some cases leaving their young children and babies behind.
In one case the woman actually asked her solicitor if she needed to see an immigration lawyer and was told it was not necessary.
Following advice from her solicitor (who had phoned the Home Office for guidance) this woman left the UK for a short period to attend a family funeral.
She took her young child (a British citizen) with her.
On her return she was refused leave to enter the UK, although granted a short period in order to take part in court proceedings concerning a residence order application by her husband for her child.
Her husband obtained a residence order.
She is now facing immediate removal from the UK without her two-year-old child.
She may never get back into the UK.
She may never see her child again unless her husband brings the child to her country.If the client had not left the UK, her case would have had to be considered under Home Office policy guidelines.
She would have been able to appeal decisions before an independent adjudicator who would have been obliged to consider all the compassionate aspects of her case.
She might also have had subsequent appeals to the Immigration Tribunal and to the Court of Appeal.
As it is, she is now relying on the home secretary's discretion and a possible judicial review of an administrative decision taken by immigration officers -- not a prospect to fill one with hope.One simple referral to an immigration law specialist would have saved not only incredible heartache but would have ensured that professional duties were complied with and the client would have retained all appeal rights.Public law cases are not immune from these problems.
I see many 17 year olds facing deportation to a country they can only remember reading about who -- if the local authority had recognised a potential problem and sought advice from a specialist (not the Home Office) -- would now be safely and lawfully resident in the UK.Children subject to care orders or supervision orders are not immune from deportation.
But the potential to deport them is restricted.
It is no good leaving decisions on this or failing to give advice to the child 'until they are a bit older' or 'when the Home Office catches up'.
Referring for specialist advice costs a solicitor nothing but will mean that clients receive the best professional advice on which to take reasoned decisions.The Immigration Law Practitioners Association and the Legal Action Group regularly run courses on immigration law for family lawyers which could assist in identifying when specialist advice is required.
The ILPA has a directory of specialist immigration lawyers which can be used for referrals.
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