Immigration Advisory Service enters into administration

The Immigration Advisory Service, a charity providing legal advice and representation to immigrants and asylum seekers in England and Scotland has entered into administration.

The IAS have announced the details of their closure in a statement posted on their website. From April 2009 until March 2010, the charity handled more than 24,000 cases, 14,462 of which were publicly funded immigration cases.

The registered charity is closing after 35 years after the government removed legal aid for immigration and also reduced legal aid fees by 10% for refugees seeking asylum in the UK. Together these two cuts have removed 60% of the IAS’s income.

The IAS have been in discussion with the Legal Services Commission (LSC) about ways to support a solvent restructure or to agree an extended period ‘to repay monies which (in common with many other firms) had been claimed in error, partly, in IAS’s view, due to the complex funding rules in place’.

Despite these efforts, it was decided that all avenues of support had been exhausted for IAS to seek a solvent restructure, and that they had no alternative but to place the organisation into administration. As such, Stephen Cork and Joanne Milner of Cork Gully LLP were appointed as joint administrators to the Immigration Advisory Service on Friday 8th July 2011.

Urgent advice - What happens now?

The IAS have published the following advice on their website for all of their clients.

The IAS request that no-one visit any IAS office in person even if you had an appointment booked as all offices are closed with immediate effect.

From 8 July 2011 the IAS will not do any more work on your case. To protect client’s legal positions, as far as possible, the following will happen.
IF YOUR CASE IS URGENT (you have just been detained; you have just received a decision to deport; you have been threatened with removal from the UK, appeal deadline within a few days), you should immediately seek new representatives. Those representatives will be able to explain that IAS has closed down, and that there may be difficulties getting quick access to your case papers.

Cases awaiting a hearing

IAS has written to all Tribunals and Courts informing them that IAS is in administration. We have asked that they deal sympathetically with applications for extensions of time in which to lodge appeals or comply with Court or Tribunal directions, until clients find new representatives. You can download a copy of the appropriate letter to include with your application. However you must seek new representatives as soon as you can, and make your application or appeal as near to the deadline as possible.
If you have an appeal hearing listed in the Tribunal (First Tier or Upper Tier) within the next two weeks please be advised that IAS has notified the Presidents of the Tribunal (First Tier and Upper Tier asking for all such cases where IAS are listed as representatives to be adjourned for four weeks to enable clients to seek alternative representation. BUT you MUST still turn up with any witnesses at the hearing, in case an adjournment is not granted in your particular case. Unfortunately we will NOT be able to provide representation, even where we have prepared your case.
IAS has written to the UKBA Directors of immigration and asylum, notifying them of the situation. You can download a copy of the appropriate letter to include with any application which is lodged late, to show the reason for it’s being out of time.

Cases already underway

If your case is already subject to an appeal (including an application for permission to appeal further) at the First Tier Tribunal or Upper Tribunal, you must immediately inform the Tribunal in writing that your legal representative, IAS, has gone into administration, and that the Tribunal must write to you direct at your own address until you notify the Tribunal of your new representative. You must quote your Tribunal case reference number, which you will find on any letter to you from the Tribunal. The Tribunal address is: Customer Services Loughborough Support Centre PO Box 7866 Loughborough LE11 2XY You should send this letter recorded delivery and keep a copy of it.
If your case is already subject to an appeal or an application for permission in the Court of Appeal, you must immediately inform the Court of Appeal, Civil Division in writing that your legal representative, IAS, has gone into administration, and that the Tribunal must write to you direct at your own address until you notify the Court of your new representative. You must quote your Court of Appeal case reference number, which you will find on any letter to you from your caseworker confirming that your case is in the Court of Appeal. The address of the Court of Appeal is: Court of Appeal Civil Division Royal Courts of Justice Strand London WC2A 2LL
If your case is already subject an application for judicial review in the Administrative Court you must immediately inform the Administrative Court in writing that your legal representative, IAS, has gone into administration, and that the Tribunal must write to you direct at your own address until you notify the Administrative Court of your new representative. You must quote your Administrative Court case reference number, which you will find on any letter to you from your caseworker confirming that your case is in the Administrative Court. The address of the London Administrative Court is: Administrative Court Office Royal Courts of Justice Strand London WC2A 2LL (If your case has been started in one of the regional Administrative Courts the London court office will inform the regional court).
If you or your caseworker on your behalf have made an application to the UKBA, or you believe your case is “in the Legacy” and you are waiting for a response or decision from the UKBA, you must immediately write to the UKBA at: Change of Representative UKBA Lunar House Wellesley rd Croydon CR9 2BY by recorded delivery, informing the UKBA that your legal representative, IAS, has gone into administration, and that the UKBA must write to you direct at your own address until you notify the UKBA of your new representative.
If you have a scheduled interview with the UKBA you MUST attend your interview as planned and retain the record of your interview provided by the UKBA until we advise you further regarding new representation.
If you have an appointment with an expert arranged by us please be advised that this has been cancelled. A new appointment, if necessary, may be arranged when you secure alternative representation.
If you have only recently contacted IAS, or if you have asked IAS to help with making an application or an appeal which has not yet been made, you should immediately look for a new legal representative, who will then be able to obtain a copy of your file at IAS, including any work done so far, and any evidence we have collected so far.
If IAS has informed you that we hold any original documents in our office, these will be kept safe, and returned to you in due course. Please write to the following address: The Joint Administrators Immigration Advisory Service 3rd Floor King Edward House 135a New Street Birmingham B2 4QT You must provide a safe address to which we can post your documents by recorded delivery, as the offices will not be in a position to receive personal callers.

Obtaining a copy of your case file

You, or your new representative, will be able to obtain a copy of your file by making a written request to the Birmingham office at the address above. Please provide a safe address, and allow 10 days for a reply.

Legal aid and UKBA advice

If you are represented by the IAS and wish to find new representation the UKBA provide legal advice for asylum and immigration applications on their website.

You can also contact Community Legal Advice on 0845 345 4345 or use the Community Legal Advice page on Direct.Gov.uk to obtain details of other legal aid representatives in your area.