Lawyers Helping Clients File Bogus Asylum Claims, Watchdog Finds

Undated photo showing Lady Justice statue on top of the Central Criminal Court of England and Wales, commonly referred to as the Old Bailey, in central London. Jonathan Brady/PA

A legal watchdog has issued a warning to all of the UK’s immigration lawyers after finding evidence solicitors have been helping clients lodge bogus claims.

In an unusual move, the Solicitors Regulation Authority (SRA) announced that after an initial investigation, it found that some lawyers have been supporting clients to submit “false or exaggerated evidence” to support asylum applications.

The SRA said it had also uncovered evidence of solicitors advising clients to pursue “totally-without-merit” appeals, and poor drafting of immigration applications.

In a strongly worded warning notice sent to all law firms, solicitors, and other staff providing immigration services, the watchdog said it would take action against those found to be involved in malpractice.

The notice, issued to firms last week, states: “Based on examples that we have seen, and that have been reported in the press, we are concerned about solicitors potentially advising clients or prospective clients to falsify or fabricate information to support Home Office applications for asylum or leave to remain.

“Over a period of time we have also identified risks around solicitors producing poorly drafted applications, or advising their clients to pursue totally without merit appeals of Home Office decisions through the courts.

“Applying to appeal decisions where the case is without merit and bound to fail abuses the courts system, and does not uphold the rule of law.”

Firms Shut Down

The SRA notice reminded all solicitors that they should act with honesty and integrity “upholding the high professional standards that we and the public expect of them.”

It added: “This is especially important in areas such as immigration and asylum where those involved may be among the most vulnerable in society.

“Consequences for this group can be particularly severe, long-lasting, and difficult to rectify.

“A client found to have submitted false or misleading information to the Home Office or relating to an appeal could face significant financial and personal consequences, including being made to leave the country.”

The watchdog said immigration law malpractice had “detrimental impacts for the effective administration of justice” and said solicitors have been prosecuted at the Solicitors Disciplinary Tribunal for such activity.

The SRA investigation was sparked after an undercover newspaper investigation revealed how multiple solicitors agreed to help an economic migrant submit a phoney asylum application in exchange for thousands of pounds.

One lawyer secretly recorded by the Daily Mail, asked for £10,000 to invent a horrific backstory to use in the asylum application.

This included claims of sexual torture, beatings, slave labour, false imprisonment, and death threats that left him suicidal and compelled to flee to the UK.

It led to the SRA shutting down three law firms and the suspension of the practising certificates of each of the firms’ principal solicitors.

The three firms were named as: Rashid & Rashid in southwest London, Kingswright Solicitors in Birmingham, and Lincoln Lawrence in west London.

Secretary of State for Justice Alex Chalk leaving Number 10 Downing Street, London, on June 13, 2023. Aaron Chown/PA

Unscrupulous Lawyers

Speaking about the warning issued to immigration lawyers, SRA Chief Executive Paul Philip said in a statement: “Users of immigration and asylum legal services can be among the most vulnerable people in society, and can potentially face severe consequences if not advised properly.

“This warning notice should act as a reminder that our rules are clear about the high professional standards we expect. We won’t hesitate to take action against solicitors or firms who fall short.”

The SRA said the warning notice builds on the watchdog’s wider activity to support law firms and solicitors working on immigration matters, and to protect the public by taking action where expected standards are not being met.

In November, the legal watchdog published a thematic review looking at continuing competence among those providing immigration services and issued new guidance focusing on how solicitors work with immigration clients.

The body has also committed to publishing further new guidance to support law firms, and to conducting a follow-up thematic review, looking specifically at the provision of asylum services after Justice Secretary Alex Chalk waded into the bogus claims row in July.

In a letter to SRA Chair Anna Bradley, Mr. Chalk urged the regulatory body to wield the “full force of sanctions” against unscrupulous lawyers.

Responding to the letter, Ms. Bradley said the SRA was “shocked by the apparent behaviour of those solicitors identified by the Daily Mail” and outlined the action it had taken after obtaining the recordings and transcripts from the newspaper.

She also renewed the SRA’s longstanding call for unlimited fining powers.

“As I am sure you will agree, due process must be followed and fairness for all involved is paramount. In our experience this can take time, sometimes too long,” wrote Ms. Bradley.

“This is important, because in an effective regulatory system the consequences for aberrant behaviour should flow quickly after the event, to deliver a suitable deterrent for others who may be involved in similar practises.”