BSB review highlights concerns of the Bar over barriers to accessing justice in immigration and asylum law
The Bar Standards Board (BSB) last Friday published its thematic review into immigration advice and services.
Image credit: WikipediaYou can read the 37-page Immigration Thematic Review Report here.
According to a BSB press release, the report identifies three key themes, which affect the experiences of immigration clients:
- There are barriers to accessing justice: demand for immigration services outstrips supply, and cost and geographical location affect clients' ability to access services;
- Immigration clients may not understand the system, how to access help or how to seek redress if things go wrong; and
- Immigration clients experience varying standards of service across the range of providers in the market.
In carrying out the review, the BSB visited a number of chambers between July and September 2015.
The report notes: "A key point that chambers stressed is that there are different types of clients requiring immigration advice and that it is important not to generalise when considering the regulatory risks … Chambers that engage in work on visa applications for students and more experienced clients who tend to be well educated and able to use the internet and personal or business contacts to research the market. These clients may have developed an understanding of the legal system and how to find good quality advice … In contrast, the chambers that are located close to major immigration centres and carry out predominantly appeals, entry clearance, asylum and human rights work, say that their clients are often vulnerable for a range of reasons. These clients have less time and less ability to locate the best quality advice, and less access to choice."
The research found that "there is a clear correlation between the way that immigration advice and services are provided, the current market factors and access to justice … The closure of key support agencies in recent years and the cuts to legal aid have meant that loss of access to justice is a major concern to immigration barristers. There is unmet demand for good quality free advice. Those who are unable to afford a barrister are now representing themselves as litigants in person, which increases the risk that they do not get equality of access to justice."
The report adds that all barristers spoken to were acutely aware of the vulnerabilities of their clients. In addition, barristers emphasised that it was necessary to distinguish between immigration work and asylum work and see these as two distinct categories.
Commenting on the review, BSB Director of Regulatory Policy Ewen MacLeod said: "This review has given us valuable insights into the experiences of immigration clients - we were pleased to undertake this work collaboratively with consumer organisations, regulators and barristers working in this area. We are keen to continue this collaboration to ensure clients better understand their legal rights and reduce barriers to accessing justice."
The BSB says it will amend existing projects to address the risks identified and has agreed three new activities to improve clients' experience of immigration legal services.
The Law Society Gazette covered the review here, highlighting how it found barristers agreed that their solicitor colleagues provide poor-quality work and fail to deliver the appropriate level of care.