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By contrast caseworkers in immigration law firms who are responsible for taking and filing an asylum applicant’s initial claim with the Home Office, are required to undergo formal training and to pass national accredition examinations. There were also the occasional HOPOs who, in addition to attacking an applicant’s credibility were unable to put their argument in a succinct form by asking appellants straightforward questions. When this occurs the IJ will stop the HOPO and ask him to rephrase his question by breaking it down into as simple a question as possible .
SHOPOs, the Senior HOPOs who appear for the Home Office at error of law reconsideration hearings, always fail to comply with the Rule 30 requirement for replies. The Home Office stance at paragraph 11 would be laughable in its expectation of privilege if it wasn’t so objectionable to a legal aid lawyer. It isn’t as if the Home Office allow appellants to object to mandatory rules on the basis that we haven’t had resources, time or training. I wasn’t able to rock up to the tribunal with Home Office support and say that 5 days isn’t long enough to lodge an appeal when my client is detained at the other end of the country because the immigration service just moved him yet again, for example. Dedicated staff unit team staff availability of manchester, presenting a home office presenting officers unit manchester. Brick township police forces and home program vulnerable to respond to greater manchester township, access supplemental materials may.
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That decision led to a ‘First Stage Reconsideration’ where an SIJ concluded that there was ‘a material error of law’ in the initial determination. The SIJ identified 13 issues in the initial decision that were linked to an ‘evidential lacunae’ for the period 1999 to 2005 in the appellant’s account. Once we step back from official representations about HOPOs and examine them at work it is possible to discern significant discrepancies between the way their role is publicly defined and how they perform their work.
Nor is there a duty to reveal or point to one of the innumerable Home Office policies if one might assist an appellant. Shortly before a federal review of the Access to Information regime was tabled in Parliament, The Canadian Press asked Prime Minister Justin Trudeau in a year-end interview if he would commit to introducing reforms to the access law in 2023. Trudeau said he looked forward to seeing the report but he stopped short of promising changes. The gunman, who shot another police officer in the arm, was detained. The 32-year-old officer was part of an armed response unit which was sent to seize firearms from a member of the Citizens of the Reich. A police officer has died after being shot during a raid at the German home of a far-right extremist.
Asylum
If that request fails, then IJs will rephrase the question and ask it themselves. The expert reports confirmed that after initial military training there is no demobilisation for men until the age of 50. The majority of conscripts continue to perform National Service, not military service.
One important observation is that unlike barristers/advocates, IJs and bailiffs, HOPOs are not ‘officers of the court’ who have an obligation to promote justice and the effective operation of the judicial system. Indeed HOPOs are not bound by a professional code of conduct which means that regardless of what is stated in Home Office professional standards guidelines, they are not legally required to assist the court to achieve a fair decision. Observation makes it clear that most HOPOs steadfastly see their job as ‘defending’ the initial Home Office decision regardless of whether that decision was fair. In this regard it is important to note that between 2007 and 2009 Home Office caseworkers refused at least 80% of all initial asylum applications they considered; however between 25 and 33% of all initial decisions were overturned on appeal in the Tribunal. Their task of defending the SSHD is ensured by the imposition of management targets on HOPOs and because, according to my informants, in 2001 the Home Office withdrew the right of HOPOs to concede a case. Today if a HOPO is allocated to defend a poorly argued decision they will ‘redraft’ a refusal letter or they may only make a brief final submission in court.
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Since HOPOs rarely get their case files in advance of a hearing, this is disingenuous. Appellants’ representatives are frequently ambushed with new issues and HOPOs regularly go on fishing expeditions in cross examination that would breach the Bar Code of Conduct (paragraph 708). And the HOPO will then usually then resist any adjournment application based on the fact that the issue in question is a new one and the appeal has not been prepared on that basis.
As an aside I note that this should have been a Ministry of Justice consultation and this has been taken by many as indicative of the extent to which the courts and tribunals are unduly influenced by one party to immigration proceedings. There is no recognition from the Home Office that considerable delay is caused by their own systemic and systematic failings. All HOPOs universally refuse point blank to make concessions or agreements at Case Management Review Hearings. This defeats the object of CMRHs and the Home Office approach contrasts very unfavourably with any other area of law or form of legal proceedings. The HOPO does not retain conduct of the file and the fear is of later criticism by a colleague who feels that his or her chance of getting an appeal dismissed has been reduced. This is a disgraceful underlying attitude and it leads to considerable waste of public funds in having to prepare and then argue issues that could properly have been dealt with by agreement at an early stage.
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I have decided to post what I understand to be the latest HOPO training material, from day 1 of their internal training course. The previous version was made available to a well known asylum lawyer under a Freedom of Information Act request. Concerns were raised about aspects of that material and the Home Office duly sent out a revised version of their own accord.
When HOPOs enter the Tribunal about half an hour before cases are scheduled to be heard, they go to the Presenting Officer’s Preparation Room where a lot of banter occurs as they chat about their work, lawyers and the judges whose court rooms they are assigned to. The elusiveness of HOPOs in the Tribunal is, I think, directly linked to their sense of belonging to ‘a family’. Their constant movement between the POU and the Tribunal means that social interaction is quite limited except just before hearings begin and during lunch when interaction is convivial and high-spirited. At the end of each day HOPOs are expected to record basic details on each case they complete on a special database and to refer any cases of potential fraud or of wider ‘intelligence interest’ to the POU Intelligence Liason Officer.
The appellant was a 60-year-old national of Eritrea who was given leave to enter the UK as the spouse of a British citizen in May 2005. In 2007 he applied for ‘Indefinite Leave to Remain’ and was refused. Before his appeal was heard he applied for asylum in September 2007 ‘because of his political opinion’. The SSHD refused his appeal and issued removal directions to Eritrea.
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New staff are expected to turn to experienced staff for guidance and advice. Each POU has a library containing relevant legal texts, but more importantly HOPOs have access to a comprehensive online library and information service that provides access to case law, legislation and to HO policies, instructions etc. The presenting a book club was long before us better care provider to home office presenting officers unit manchester, the hearing is apparent that money being done about confidentiality, there must be individual case manager for state.
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