can i represent myself at appeal tribunal ?

[amserve]

My friend is sponsoring his parents for a visit visa. He is due to attend appeal hearing next month. He can't afford to instruct a lawyer so I was thinking of representing at the appeal. Is this possible ? or does a representative have to be a qualified person ? Obviously I would be helping him out, not charging him of course.

Any suggestions welcome

[Frontier Mole]

The sponsor can rep themself BUT any other third party rep must be at least registered with OISC. If you are not a qualified legal rep then you can not help him out in the way you suggest.

[jilly cooper]

You do not have to be qualified to represent your friend. You don't even have to be registered with OISC as long as you will inform the tribunal, you will be fine with it. To be sure, ask your freind to write and fax to the AIT confirming this policy. I am sure that this is still the case.

Good luck!

[Frontier Mole]

You do not have to be qualified to represent your friend. You don't even have to be registered with OISC as long as you will inform the tribunal, you will be fine with it. To be sure, ask your friend to write and fax to the AIT confirming this policy. I am sure that this is still the case.
Good luck!

The above information is inaccurate - sorry.
Section 84 of Immigration & Asylum Act 1999 refers as does the Para 48 of Asylum and Immigration Tribunal (Procedure) Rules 2005 in all but bail hearings the representative must meet the section 84 requirement. All reps are asked to sign a form on the day to state that they meet this requirement.

[jei2]

My friend is sponsoring his parents for a visit visa. He is due to attend appeal hearing next month. He can't afford to instruct a lawyer so I was thinking of representing at the appeal. Is this possible ? or does a representative have to be a qualified person ? Obviously I would be helping him out, not charging him of course.

Any suggestions welcome

Hmm.. lawyers come in different fee ranges. Sensing a clue here as to why the application might have been refused. But can you clarify?

As aforementioned the provision of immigration advice and services is now stitched up under legal requirements tighter than a... thingy.

More's the pity, since there are some laypeople out there who could put some of the legal representatives I've come accross to shame.

[jilly cooper]

The above information is inaccurate - sorry.
Section 84 of Immigration & Asylum Act 1999 refers as does the Para 48 of Asylum and Immigration Tribunal (Procedure) Rules 2005 in all but bail hearings the representative must meet the section 84 requirement. All reps are asked to sign a form on the day to state that they meet this requirement.

The information given is misleading. The AIT states clearly:

Appeals (Legal representation)

You should seek legal representation for your appeal as early as possible. Make sure that the person you choose has training and experience in asylum and immigration matters. We cannot recommend any single representative or group. The Legal Services Commission, the Law Society and the Office of the Immigration Services Commissioner may all help you to find a suitable advisor.

Not having legal representation does not prevent you making an appeal.

We cannot provide legal advice.


Please follow the link below:

http://www.ait.gov.uk/Appeals/legalRepresentation.htm

[PaperPusher]

amserve

Unless you meet the requirements to be a legal representative you cannot play the role of a legal representative as Frontier Mole posted.

However, your friend does not need to have a legal representative.

Regards.

[katrina]

Hi

I represented my husaband at AIT here in uk . As his dependent visa was refused , and by god's grace we won the apppeal in 2004 .

[PaperPusher]

Hello katrina

Were you the legal representative, or giving evidence as the sponsor of the application and therefore not a representative?

[jei2]

The above information is inaccurate - sorry.
Section 84 of Immigration & Asylum Act 1999 refers as does the Para 48 of Asylum and Immigration Tribunal (Procedure) Rules 2005 in all but bail hearings the representative must meet the section 84 requirement. All reps are asked to sign a form on the day to state that they meet this requirement.

The information given is misleading. The AIT states clearly:

Appeals (Legal representation)

You should seek legal representation for your appeal as early as possible. Make sure that the person you choose has training and experience in asylum and immigration matters. We cannot recommend any single representative or group. The Legal Services Commission, the Law Society and the Office of the Immigration Services Commissioner may all help you to find a suitable advisor

.

I think you'll find a clue in the highlighted text above.

A third party non-sponsor representative who isn't registered (or exempted) with any of the above organisations is likely to be given very short thrift in court.

But I agree with you that this information taken without reference could be misleading since the extract above veers from "legal representative" to "advisor" without any clarification.

[Frontier Mole]

The sponsor can rep themself BUT any other third party rep must be at least registered with OISC. If you are not a qualified legal rep then you can not help him out in the way you suggest.

Excuse me folks - note what I said in my first post.
I also pointed out that there a legal minimum to meet if there is a third party rep. This is when JC said I was wrong about third party reps!! I think that point in law is now clear and as advised in my second post there is a requirement to have a suitably qualified person to act as a third party rep.

The OP is about a third party rep not the sponsor. Just to make it clear AT NO POINT HAVE I SAID YOU NEED TO HAVE A LEGAL REP.
Makes my job easier if you don't...

[katrina]

I Was the sponsor + the judge ask me there is no one to represent you , i said no , i came to represent my case , then he ask me do you understand english i said yes and so onnnnn .. and the proceeding started at AIT in harrow.

[republique]

My friend is sponsoring his parents for a visit visa. He is due to attend appeal hearing next month. He can't afford to instruct a lawyer so I was thinking of representing at the appeal. Is this possible ? or does a representative have to be a qualified person ? Obviously I would be helping him out, not charging him of course.

Any suggestions welcome

why do you want to rep in the first place
do you have any experience in the area
if your friend say he is rep himself, you can always sit there with him and help him out but based on what everyone else says you can't do it alone