Immigrating to higher ground

In a continuing series, Maria Fernandes, chairwoman of the Law Society's immigration law committee, discusses its promotion of best practice for immigration law advisers, its continuing work on public funding and its future focus on detention and dispersal issuesThe Law Society's immigration law committee was originally a sub-committee, created in May 1990.

It became a fully-fledged committee in December 1999.The terms of reference of the committee are:l To monitor and promote improvements in UK and EC law and practice relating to immigration and nationality and other areas of law affecting immigrants and refugees;l To keep under review and promote improvements in the practice and procedure of the Immigration Service and courts and tribunals in immigration matters;l To promote and develop legal services and awareness of legal issues in the immigration field;l To promote and support initiatives for solicitors providing services in the immigration field; and,l To keep under review and promote improvements in public access to legal advice and representation in immigration matters, particularly with regard to the provision of legal aid.During the past 12 months, the committee has produced responses to several external consultations, including:l The review of the operation of the National Asylum Support Service voucher scheme;l Amendments to the Immigration and Asylum Appeals (Procedure) Rules;l Office of the Immigration Services Commissioner consultations on the Commissioner's rules, code of standards and complaints scheme;l Immigration Services Tribunal: Procedure Rules.The committee has also contributed to the Society's responses on the Review of Tribunals and the draft of the Lord Chancellor's Department's judicial review protocol.During the past year, the committee has been heavily involved in the promotion of best practice for immigration law practitioners.

It has continued to develop and promote the Society's immigration law panel, for which applications for membership have been increasing recently.Membership of the panel is likely to be the only route to meeting the Legal Services Commission's (LSC) supervision standard from April 2002.

In addition, last July, the committee published new guidance for immigration practitioners.

(See [2001] Gazette, 5 July, 42 and [2001] Gazette, 26 July, 44).The committee has worked, and continues to work, closely with the Office for the Supervision of Solicitors to develop a satisfactory regulatory framework and to encourage the effective regulation of solicitors in the immigration field.The committee has also been active in the promotion of solicitors' interests in relation to public funding.

It takes a monitoring role in relation to the operation of contracting and has met with the LSC to discuss relevant issues.

In particular, as a result of lobbying by the Society, the LSC has introduced non-mandatory staged billing in asylum cases.

The committee will continue to press for positive steps regarding public funding in the immigration field.

It will also continue to work to improve quality generally, by arguing for adequate remuneration for immigration supervisors and for a long-term approach to the difficulties new firms have in reaching legal aid franchise quality assurance standard supervision standards.While continuing to contribute to the Society's work on public funding issues, the committee intends to concentrate its work over the forthcoming year on projects relating to detention and dispersal.

It also intends to organise a series of public meetings during the next 12 months jointly with the Immigration Law Practitioners Association on various immigration law issues.

Practitioners who believe there is a burning issue which would merit a meeting should contact the committee.

l For more information regarding the work of the committee contact Claire Morgan at the Law Society via e-mail: claire.morgan@lawsociety.org.uk.

The Society welcomes information from practitioners regarding their experience of the LSC's actions in relation to post-audit reconciliation.

Send any information to Stella Groves at the Law Society, 113 Chancery Lane, London WC2A 1PL or e-mail: stella.groves@lawsociety.org.uk