Immigration updates

On this page:

RMJ closure: Update following request for notification o provider capacity to assist former RMJ clients
List of legal aid firms who provide immigration and asylum advice
Revised guidance on transfer of RMJ cases
Guidance for claiming IAAS Level 3 uplift
Voluntary Appointment System
Changes to the Asylum and Immigration appeals structure
Amendments to reporting guidance
Consultation on Funding Immigration and Asylum Legal Aid in the First-tier Tribunal and Upper Tribunal
Civil Bid Rounds for 2010 Contracts

RMJ closure: Update following request for notification of provider capacity to assist former RMJ clients

You may be aware that Refugee and Migrant Justice (RMJ) entered into administration on 15 June 2010.

Our primary concern continues to be ensuring that clients who require ongoing advice can access it with the minimum of disruption. Weve been working with the administrators to facilitate this.

As a result of the recent registrations of interest exercise publicised on our website, significant progress is being made towards transferring large numbers of former RMJ cases to new providers.

We are now seeking registrations of interest from current contracted immigration providers who are willing to accept referrals to assist these former RMJ clients.

Please see the documents section of this page for the form and information as to location and number of files that are yet to be reallocated. The number of clients who require advice and attract a new matter start will not necessarily be in line with this. Please refer to the document itself for further guidance.

Indication of capacity

If you have capacity to take on ex RMJ clients in the locations referred to, please contact RMJ (In Administration). In light of the urgency of the situation please register your interest before 12 noon on Friday 6 August 2010.

Please complete the relevant form as a registration of interest to indicate the volume of clients that you are willing to assist.

The form should be returned to:

infolondon@rmj.org.uk and cc'd to paul.benjamin@legalservices.gsi.gov.uk

List of legal aid firms who provide immigration and asylum advice

List updated as of 26 June 2010

Following the announcement by RMJ that they were closing their offices, we have produced a list containing details of firms who provide immigration and asylum advice under a legal aid contract. Please see documents section on the right hand side.

A full list of advice providing organisations can also be found on the Community Legal Advice Website. Alternatively clients can telephone 0845 345 4 345 to find their nearest adviser.

Revised guidance on transfer of RMJ cases

Guidance updated as of 8 July 2010

We have now published a revised version of our Guidance on the transfer of RMJ cases; this replaces and now supercedes the earlier version which can be found in the archive section of this site.

Please refer to this new document in the first instance should you have any questions as to what work you may undertake or how those cases may be funded. Please see the documents section on the right hand side of this page

Guidance for claiming IAAS Level 3 uplift

Guidance on how to claim the 5% uplift on Controlled Work where undertaken by advisers who have gained Level 3 under the IAAS can be found on the Accreditation Scheme Page

Voluntary Appointment System

We have now published our evaluation of the Immigration Appointment Pilot, which ran in North West England in late summer 2009. The pilot sought to test whether the system could be utilised in a UKBA Asylum Screening Unit environment, with asylum applicants able to select and book an appointment with a legal representative at the same time as they register their claim for asylum with UK Borders Agency.

Further to our earlier successful pilot of the system, the LSC has now rolled out the system in Wales and South West, with the Welsh Refugee Council continuing to act as operator of the service.

We are also in the process of evaluating our third trial of the system that took place last year in Yorkshire and Humberside.

The system continues to operate in Yorkshire and Humberside whilst the evaluation is ongoing.

Visit the Immigration Policy Development page for more information.

Changes to the Asylum and Immigration appeals structure

On 15 February 2010 the Asylum and Immigration Tribunal (AIT) transferred into the new two-tier unified tribunal structure established by the Tribunals, Courts and Enforcement Act 2007.

In preparation of the transfer we consulted on the changes required to ensure that legal aid funding continued to be available under the new structure. The aim was to replicate, as closely as possible, the existing levels of payment to practitioners following the transfer into the new tribunal structure. More about the consultation process is on the Immigration Policy Development page.

Necessary changes to the Immigration Specification

We have made the necessary contract and regulation changes to ensure that funding remains available from 15 February 2010. These changes ensure that cases heard in the First-tier Tribunal will continue to be paid at the same rates as currently payable for AIT substantive appeals - either under the Graduated Fee Scheme or at Hourly Rates, depending on the type of case, as set out in the Immigration Specification.

The rates payable for Upper Tribunal appeals are broadly comparable to those that were applicable in relation to Applications for Review and Reconsideration appeals.

A notice of the amendments to the Immigration Specification can be obtained from the Unified Contract (Civil) page. A revised version of the 2007 Immigration Specification can also be located on this page.

Changes to Retrospective Funding for onward appeals:

As a result of the changes, the retrospective funding order scheme has been abolished and cost orders will no longer be required. Funding, subject to some limited exceptions as set out in the Immigration Specification, will now be determined by the outcome of the permission application for leave to appeal to the Upper Tribunal. For most cases, where the judge refuses the application no funding will be claimable; where it is successful the costs of that application and subsequent appeal costs will be claimable subject to the usual LSC funding requirements.

Cases that have started prior to the transfer and under the Review and Reconsideration process will continue to require a 103D cost order and providers will need to apply for these in the normal way. The Transitional Arrangements can be found in Schedule 4 of the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010.

Costs for successful applications for permission to appeal to the Upper Tribunal and any subsequent work in relation to a hearing before the Upper Tribunal will continue to be subject to assessment by the National Immigration and Asylum Team (NIAT).

Amendments to reporting guidance

In readiness for these changes, the LSC has amended the Immigration section of the civil codes guidance replacing all references to the AIT and Review & Reconsideration, with amended references to the new First Tier and Upper Tribunal.

Given the likely impact that changes to the codes would have had on providers and software vendors, we have taken the decision to not change the codes themselves or their titles at this time. We have however amended the description of the appropriate codes to reflect the new tribunal structure.

Where appropriate we have highlighted such changes in bold below the title of the code itself.

We have also included examples of the continued use of these codes when reporting matters relating to appeals under the previous appeal structure.

The revised documents can be downloaded from the Civil Forms page

If you have any questions regarding the amendments, please email the Civil Legal Help Queries Team

Consultation on Funding Immigration and Asylum Legal Aid in the First-tier Tribunal and Upper Tribunal

The Ministry of Justice has recently issued consultation documents setting out out how we propose to ensure that funding remains available for appeals which will transfer the work of the Asylum and Immigration Tribunal (AIT) into the unified tribunal structure.

from a funding perspective, the aim is to replicate, as closely as possible, the current scheme of payments in the new tribunals.
the consultation closes on Friday 21st August 2009.
visit the Immigration Policy Development page to read more.

Civil Bid Rounds for 2010 Contracts

The civil Unified Contract is due to expire in 2010. The tender process for mainstream immigration services closed on 28th January 2010. The tender process for and Immigration Removal Centres closed on 5th February 2010.

Visit the CLS Tenders page for more information about all civil tendering opportunities

Last updated: 03 August 2010