TV Edwards recently helped three clients who lacked the mental capacity to make immigration applications themselves to obtain “immigration representation orders” from the Court of Protection.  

First Case

X’s case was in the Court of Protection to challenge her deprivation of liberty standard authorisation. During these proceedings it was identified that X’s leave to remain in the UK had expired. Her family had attempted to seek professional support from an immigration advisor to progress her application with the Home Office. However, concerns were raised by the immigration advisor that X lacked capacity to understand her current immigration status and give instructions for her application to be progressed.

TV Edwards obtained directions from the Court of Protection for further capacity evidence to be obtained during the ongoing proceedings. This was for the purpose of identifying whether X could make decisions regarding her immigration matters including instructing a lawyer to progress her application to regularise her status in the UK. The outcome of these assessments was that X lacked capacity in these areas. Therefore, no progress could be made with her immigration application without a representative being authorised by the Court to make decisions about her immigration matters in X’s best interests. 

A close family member was identified as being appropriate to act as X’s proposed immigration representative. TV Edwards submitted an application to the Court of Protection asking the court to use its powers under section 16 Mental Capacity Act 2005 to authorise X’s family member as her immigration representative. This would permit the representative to instruct a lawyer to progress X’s application at the Home Office and conduct any associated proceedings. The application was on the grounds that X’s immigration status is a matter concerning her personal welfare.

The Court declared X did lack capacity and that appointing an immigration representative to make decisions that could regularise her status in the UK was in her best interests. The Court approved the order permitting X’s family member to make decisions in her best interests to advance her leave to remain application with the Home Office. This resulted in a positive outcome for X as after her application was completed, the Home Office granted her further leave to remain.

Subsequent Cases

Since X’s case, TV Edwards has successfully supported two other clients to obtain immigration representation orders from the Court of Protection.

In the case of Y, his leave to remain had also expired. We were able to obtain evidence that he lacked capacity to make decisions regarding his immigration matters and to instruct a lawyer to make the relevant application on his behalf. As with X’s case, Y’s application for an immigration representation order was also successful and a close family member was authorised by the Court to act as his representative.

More recently, TV Edwards successfully obtained an immigration representation order for our client Z who had an active asylum application with the Home Office. His immigration solicitor had obtained expert evidence which showed he lacked capacity to instruct her to progress his application and make submissions to the Home Office. That meant that his asylum application could not be progressed.

The immigration solicitor contacted TV Edwards to ask if we could assist. There were no live proceedings in the Court of Protection regarding Z and so, we had to make a new application to the Court of Protection. We used the same grounds as for X and Y and again, the Court made an immigration representation order appointing another professional involved in supporting Z to make decisions in his immigration matters. This allowed Z’s asylum application to proceed.

Potential New Ground

Our applications to the Court of Protection had real and tangible benefits for this highly vulnerable client group. Individuals who come to the UK seeking asylum are already incredibly vulnerable, but in cases where they lack capacity to progress their immigration matters, they are left in a precarious position.

Comments made by the Court in the case of X and other lawyers in Y indicate that TV Edwards has potentially identified an area of need that was not previously being met. In successfully obtaining immigration representation orders TV Edwards has had a hand in creating a legal remedy that can assist this vulnerable client group and ensure their needs can be met and their rights safeguarded. 

How can we help?

To find out more about how TV Edwards could help if you need support applying to the Court of Protection for an immigration representation order than please contact us at enquiries@tvedwards.com or speak to a member of our Social Welfare team on 020 3440 8000.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.