OISC Level 2

Casework

Work permitted at Level 2

At this Level the adviser is authorised to handle more complex applications as well as applications outside the Immigration Rules and applications under the UKBAs concessionary or discretionary policies.  A Level 2 adviser can submit One-Stop Notices and lodge appeals on initial grounds, but must then refer the case to a regulated Level 3 adviser.

Level 2 advisers can undertake all of the work that can be done by a Level 1 adviser, and, in addition, do the following:

- Asylum and Protection

• applications to the UKBA, including asylum and human rights applications and concessionary or discretionary applications
• Case Resolution/Legacy Cases and Active Review
• applications for Humanitarian Protection
• representing clients in correspondence with the UKBA and at UKBA interviews
• representations to the UKBA in support of cases
• drafting client statements, including asylum statements
• submitting One-Stop Notices
• lodging notices of appeal and statements of additional grounds
• applications for temporary admission and Chief Immigration Officers bail
• family reunion applications
• representations regarding ongoing or asylum casework to MPs
• instructing a barrister or advocate for advice and to advise on drafting appropriate grounds of appeal (where permitted by the Bar Council).

- Immigration

• applications to the UKBA, including human rights applications and concessionary or discretionary applications
• applications for Humanitarian Protection
• representing clients in correspondence with the UKBA and at UKBA interviews
• representations to the UKBA in support of cases
• drafting client statements, including asylum statements
• submitting One-Stop Notices
• lodging notices of appeal and statements of additional grounds
• applications for temporary admission and Chief Immigration Officers bail
• representations regarding ongoing immigration casework to MPs
• instructing a barrister or advocate for advice and to advise on drafting appropriate grounds of appeal (where permitted by the Bar Council).

Work Not Permitted -

 for both Immigration and Asylum and Protection

Level 2 advisers are not permitted to do the following:

• Substantive appeals work including making representations to, or appearing before, courts or tribunals
• Applications for Immigration Judge bail
• Applications for Judicial Review or any form of representation

Competence Requirements

Advisers at this Level, in addition to the competences required at Level 1 (see pages 1316), must demonstrate the following:

- Knowledge

Advisers at Level 2 must be competent in all areas of work permitted at Level 1. In addition, they must have:

1. Detailed knowledge of immigration and nationality law, including:

• grounds for applications
• The UKBA practice in the consideration of cases
• The UKBA concessionary policies
• grounds for lodging appeals including human rights grounds
• procedures for human rights applications, e.g. One-Stop Notices.

2. A detailed knowledge of relevant rights of appeal, time limits and procedures up to, and including, the lodging of an appeal, and an awareness of relevant rights of appeal, time limits and procedures at the later stages of the appeal process.

3. A working knowledge of relevant case law and precedents, and how to access and use them effectively when making representations on a clients behalf.

4. A detailed knowledge of the types of evidence needed to support appeals and applications outside of the Immigration Rules, how to obtain such evidence and the relative weight to be attached to different types of evidence.

5. A detailed knowledge of the European Convention on Human Rights , the Human Rights Act 1998  and other relevant law.

6. Where an adviser is working on asylum cases, a detailed knowledge of asylum legislation and procedures, including the 1951 Refugee Convention, its 1967 Protocol and the UNHCR Handbook for determining refugee status.

7. Where an adviser is working on bail and detention cases, detailed knowledge of the powers of the immigration authorities to grant bail or temporary admission, the procedures for obtaining bail and the UKBAs practice in the consideration of cases, including an awareness of the factors that must be taken into account when detaining an individual for immigration reasons.

8. A clear understanding of the limits of their knowledge and competence, and an understanding and sensitivity as to when a clients case has to be transferred to another regulated adviser.  This means that a Level 2 adviser will need to have 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 2.

Skills and Aptitudes
- Interviewing and advising

Sufficient verbal and written communication skills to be able to:

• ask relevant questions, employing different techniques to access necessary information
• obtain clear, detailed instructions, statements and case histories
• deal sensitively with vulnerable and/or traumatised clients
• give clear, detailed advice based on relevant laws and policies
• explain complex legislation and policies in simple, clear language
• make clear, pertinent and effective oral and written representations to the UKBA and other agencies on a clients behalf.

- Drafting

The ability to:

• make clear, pertinent and effective written representations in English on behalf of clients, including drafting grounds of appeal
• draft clear, detailed, structured and effective statements in English on behalf of clients
• produce any other necessary documents in English, which are readily comprehensible and comprehensive.

- Analytical and advocacy skills

The ability to:

• identify the primary and secondary issues presented by a clients case and the applicable laws or policies
• adequately assess the merits of cases presented
• make clear, cogent oral and written representations in support of cases
• identify and use the most appropriate sources of up-to-date information on case law and other specialised subjects in support of cases
• identify the salient points in an argument and respond to them effectively
• identify the evidence required to support a case and to evaluate the relative weight of the evidence
• represent a client effectively at UKBA interviews
• identify where referral to other professionals may be appropriate and to instruct relevant experts
• where applicable, obtain and effectively challenge reasons for detention, using human rights legislation, where appropriate, and do so in the course of a bail hearing, where necessary.

 - Record-keeping and file management

The ability to:

• maintain clear, accurate records of UKBA interviews and legal proceedings
• maintain clear, comprehensive and well organised case files and an organised and accessible file management system
• maintain clear, accurate and comprehensive records of contacts with the client or third parties and of other relevant matters.