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OISC Level 3 (LSC Level 2) - Advocacy and representation
Work permitted at OISC Level 3:
Some advocacy work is permitted at OISC Level 2, for example a OISC Level 2 adviser may make written and oral representations to the UKBA. However, it is only possible to represent clients at appeal hearings before an immigration judge at the AIT at OISC Level 3. OISC Level 3 work is any work done pursuant to the lodging of the notice of appeal against refusal, as well as the conduct of specialist casework, e.g. challenging existing case law and third country asylum cases. It requires a high level of knowledge of immigration law and practice, including a thorough conversance with relevant case law, human rights legislation and also asylum law where applicable. OISC Level 3 advisers should also be aware of rights and procedures connected with judicial/statutory review, although they are not permitted to represent clients in proceedings in higher courts, nor to instruct counsel to do so.
Work permitted at OISC Level 3 includes:
- conduct of specialist casework
- preparation of cases in the AIT, including drafting full grounds of appeal
- representing clients before the AIT
- instructing a barrister or advocate to appear at the AIT (where permitted by the Bar Council)
Competence requirements:
Advisers at this level, in addition to the competences required at OISC Levels 1 and OISC Level 2, need to demonstrate the following:
Knowledge
1. An OISC Level 3 Adviser must have detailed knowledge of immigration, asylum and nationality law, including:
- grounds for complex applications in the areas of work in which advice/services are provided
- UKBA and AIT practice in the consideration of appeals and complex cases
- UKBA concessionary/discretionary policies in complex cases
- grounds of appeal to the AIT, including human rights and race relations grounds.
2. An OISC Level 3 Adviser must have detailed knowledge of relevant rights of appeal, time limits and procedures in the AIT, up to and including full hearings before the AIT, and sufficient awareness of rights and procedures in relation to judicial/statutory review to make appropriate referrals to a solicitor.
3. An OISC Level 3 Adviser must have a sufficiently thorough knowledge of relevant case law and precedents to identify and make good use of appropriate case law to support a client's case, anticipate and respond effectively to the citing of precedents by the immigration authorities, and to do so during a hearing where necessary. Also sufficient knowledge and skill to be able to challenge existing case law where appropriate.
4. An OISC Level 3 Adviser must have a sufficiently thorough knowledge of the types of evidence needed to support complex cases and appeals up to AIT level and how to obtain them.
5. An OISC Level 3 Adviser must have a sufficiently thorough knowledge of the European Convention on Human Rights (ECHR), the Human Rights Act 1998 (HRA), the Race Relations (Amendment) Act 2000 and other relevant international law relating to immigration and asylum cases to be able to make effective and appropriate representations using this legislation in complex cases and appeals up to AIT level.
6. An OISC Level 3 Adviser must have clear understanding of the limits to the adviser's knowledge and competence and of how to refer cases on. This includes a general knowledge of immigration, asylum and nationality law and procedure to ensure that a client can be referred on for advice in areas in which the adviser is not qualified at Level 3. Advisers at Level 3 must be competent in all areas of work permitted at Level 1.
Skills and aptitudes
1. Interviewing and advising
An OISC Level 3 Adviser must possess the ability to explain clearly to the client in plain language the progress of their case, including the progress of any appeal, the outcome of the hearing, the implications for the client and the options open to them. Also to advise on the merits of further appeals and take clear instructions from the client as to how they wish to proceed.
2. Drafting
An OISC Level 3 Adviser must possess the ability to draft in clear, written English, making use of case law and human rights legislation where appropriate:
- complex applications
- complex letters, statements and representations
- full grounds of appeal to the AIT
- witness statements
- skeleton arguments and other relevant documents for AIT cases
- instructions to a barrister or advocate
- statements and other relevant documentation for higher court work.
3. Analytical and advocacy skills
Where the OISC Level 3 adviser wishes to represent clients at hearings before the AIT, an OISC Level 3 Adviser must possess sufficient verbal and written advocacy skills to do so effectively, including the ability to:
- make clear, cogent oral and written representations in the course of legal proceedings
- identify when it is appropriate to apply for an adjournment of a hearing
- identify the salient points in an argument and respond to them effectively, in the course of a legal hearing where necessary
- re-evaluate evidence in the light of representations from the UKBA
- anticipate and respond effectively to the citing of precedents by the immigration authorities, in the course of a hearing where necessary
- challenge existing case law where appropriate
- make effective and appropriate representations in appeal proceedings using ECHR, HRA, the Race Relations (Amendment) Act 2000 and other relevant international law relating to immigration and asylum cases
- accurately assess the merits of referring a case to a solicitor for judicial/statutory review proceedings.
Whilst an OISC Level 3 adviser may have the ability to draft statements and other relevant documentation for higher court hearings, they must not represent or seek to represent clients in higher courts. The Court and Legal Services Act 1990 and the Solicitors' Act 1974 govern rights of audience in higher courts. These Acts deny a right of audience to those who are not legal professionals except in certain circumstances, such as where a judge has allowed a right of audience as a McKenzie Friend. An OISC-regulated adviser, who by definition provides immigration advice and/or services in the course of a business, must not seek to appear as a McKenzie
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