Immigration adviser registration refused despite solicitor qualification

The First-tier Tribunal has dismissed an appeal by Canko Consultancy Limited against the Immigration Services Commissioner's refusal to register the firm's principal as a Level 1 immigration adviser, despite his status as a qualified solicitor with over 17 years' legal experience.

Background to the dispute

The appellant, a dual-qualified lawyer admitted to practice in both Turkey and England & Wales, applied for registration with the Immigration Advice Authority (formerly the Office of the Immigration Services Commissioner) in April 2024. Having completed his law degree at the University of Buckingham in 2007 and subsequently qualified as a solicitor in 2023, he held a current practising certificate from the Solicitors Regulation Authority at the time of application.

His request for exemption from the Level 1 Competency Assessment was refused, and he subsequently sat the examination on 29 May 2024. Whilst achieving an impressive 93% in Section Two (scenario-based questions), he scored only 55% in Section One (multiple-choice questions), falling short of the required 60% pass mark for both sections.

Grounds of appeal

The appellant advanced several arguments challenging the refusal. Central to his case was the contention that experienced solicitors should benefit from a separate assessment pathway that recognises their professional qualifications and experience. He emphasised that the Solicitors Regulation Authority had granted him exemptions from the SQE2 examination and the two-year post-qualification experience requirement, and questioned why similar consideration was not afforded by the IAA.

He further argued that requiring him to pass a written assessment was inconsistent with section 84(1) of the Immigration and Asylum Act 1999, which recognises solicitors as qualified persons authorised to provide immigration services. The appellant noted that he would be deemed competent to work within an IAA-regulated firm without assessment, yet required to complete one to become IAA-regulated himself.

Additionally, he submitted that his exceptionally high score in Section Two demonstrated his ability to apply legal principles to practical situations, and that his failure by a single mark in Section One should not form the sole basis for refusal.

The tribunal's reasoning

Judges Armstrong-Holmes and Dwyer rejected these submissions comprehensively. The tribunal clarified that the restriction on providing immigration advice stems from the Solicitors Regulation Authority's requirements, not the IAA's guidance. The SRA imposes limitations on solicitors practising in immigration law, requiring them either to work within an SRA-regulated firm or to obtain IAA registration.

Critically, the tribunal found no legal basis for the proposition that the Commissioner must establish a separate assessment pathway for qualified solicitors. The tribunal emphasised that Parliament created the Immigration Services Commissioner specifically to ensure proper regulation and standards in immigration advice, and that competency assessments serve as an appropriate mechanism for testing an applicant's competence.

The tribunal noted that the appellant had provided no evidence of recent immigration or asylum training in England and Wales, with his experience relating to employment and family law. Had he completed the Law Society's Immigration and Asylum Accreditation Scheme examination, an exemption might have been granted.

Regarding the assessment itself, the tribunal accepted evidence that Section One comprises multiple-choice questions marked through an automated system, with no subjective element permitting moderation. The lead assessor had confirmed the 55% mark was correct. The guidance explicitly requires candidates to pass both sections, regardless of performance in either individual section.

The appeal was dismissed, with the tribunal satisfied that the IAA's refusal decision was correct and that the appellant had not demonstrated competence to the required standard for Level 1 registration.

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