Emma Daykin obtains pro bono costs order in Immigration Tribunal

10 Jan 2023

Emma has obtained what is believed to be the first pro bono costs order in the First Tier Tribunal (IAC) pursuant to section 194A of the Legal Services Act 2007, which came into force on 28 June 2022.  Emma represented a young person on a pro bono, direct access basis in her human rights appeal, which was conceded by the Respondent on the day of the hearing.  The costs application was pursued on the basis of the Respondent’s unreasonable defence and conduct of the appeal.  The Respondent conceded that she had acted unreasonably in maintaining the decision beyond the point of the initial review of the appeal, normally expected to be within six weeks of lodging the appeal.  The Tribunal has ordered the Respondent to pay the costs that Emma would have charged if the client had been paying for her services to the Access to Justice Foundation.

Emma also assisted the appellant to make a formal complaint to the OISC about the negligence of her and her family’s former advisor.  The OISC found that the former advisor had breached eight codes of practice, wasted approximately £14500 of the family’s money on inappropriate applications, leaving the family without valid leave, unable to work, in debt, facing eviction and reliant on food banks.

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