The pass mark for the level 1 and level 2 exams is 50% Section 3 EXAM FORMAT Marks Part One Asylum and related questions arising from advance fact pattern. Legal Analysis and application. 30 Part Two Compulsory drafting question arising from advance fact pattern. Question/s arising from advance fact pattern. 25 5 Part 5 multiple choice questions. 15 Part Four Questions arising from unseen fact pattern. 25 TOTAL 100 Section 4 ADVANCE MATERIALS - Level 1 and 2 Candidates will be issued with advance materials/fact patterns, to 60% of the marks, 7 days before the exam. The first pattern will give rise to questions about asylum and related areas [30 marks]. The second pattern will give rise to the compulsory drafting question [25 marks] and supplementary questions [5 marks]. Candidates are advised to treat the advance materials in the same way as they would in practice. They should consider all possible immigration questions that could arise from the materials, research the law, policy and procedure and be ready to draw on that research to answer the questions that arise in the exam. When candidates have identified the relevant law, policy and procedure, they are advised to include that in their file of permitted materials (see section 7). The remaining 40% of the exam will cover areas other than those contained in the advance materials. The advance materials will be provided in the examination.
Area Probationer, Level 1 and Level 2 1 and 2 only Level 2 only. Immigration The Immigration Rules The Immigration Rules Parts 1 and 9 Immigration Rules The Immigration and Nationality (Fees) Regulations 2016 (SI 2016/226) UKVI Operational guidance: Chapter 01a: applications for fee waiver and refunds (Immigration Directorate Instructions). EEA migration The Immigration (European Economic Area) Regulations 2006 Application forms EEA(QP), EEA(FM), EEA(PR), International protection (asylum & humanitarian protection,) Statelessness Article 1A(2) 1951 Convention and 1967 Protocol relating to the Status of Refugees. Home Office website: Home Office procedure for claiming asylum (including screening procedure and routing decisions). The Refugee or Person in Need of International Protection (Qualification) Regulations 2006. Part 11 Immigration Articles 1, 31, 32 & 33 1951 Convention and 1967 Protocol relating to the Status of Refugees. Section 8 Asylum and Immigration (Treatment of Claimants etc.) Act 2004.
R v. Secretary of State for the Home Department ex parte Adan [1998] Imm AR: persons fleeing civil war Horvath v SSHD [2000] UKHL 37: protection HJ(Iran) v SSHD [2010] UKSC 31; RT (Zimbabwe) v SSHD UKSC 2011/0011: Whether an should change behaviour to avoid persecution. Shah and Islam v SSHD and IAT [1999] UKHL 20: persecution cannot define membership of a social group. Skenderaj v SSHD [2002] EWCA Civ 567; Fornah v SSHD [2006] UKHL 46; SB(Moldova); SB (PSG - Protection Regulations-Reg 6) Moldova CG [2008] UKIAT 00002: Definition of Particular Social Group AH(Sudan) v SSHD [2007] EWCA Civ 297: Internal relocation/unduly harsh (rather than applying Wednesbury principles) JT(Cameroon) v SSHD [2008] EWCA Civ 878: Section 8 Asylum and Immigration (Treatment of Claimants etc) Act 2004. A, R (on the application of) v LB Croydon) [2009] UKSC 8: It is for the court to decide whether or not a person is a child, for the purposes of section 20 Children Act 1989. Elgafaji (Justice and Home Affairs) [2009] EUECJ C-465/07: Article 15(C) application. Said (Article 1D: meaning) Palestinian Territories [2012] UKUT 413 (IAC) R(Rahimi) v SSHD [2005] EWHC 2838, confirmed on appeal in WM(DRC) & AR (Afghanistan) [2006] EWCA Civ 1495 fresh claims threshold
SS (Congo)[2015] EWCA Civ 387: Immigration rules and codified case law Family Reunion Part 11 Immigration Rules Immigration Rules, Part 8, paragraphs 319L to 319X. Application form VAF4a and Appendix 4. Home Office: Asylum Policy: UKVI Operational Guidance: Family Reunion: for refugees and those with humanitarian protection. MS(Somalia) [2010] Civ 1236: Family members/family reunion/ not refugees Trafficking and Modern Slavery Article 4 Council of Europe Convention against trafficking in Human Beings Home Office: UKVI Operational Guidance: Victims of Modern Slavery: Frontline Staff Guidance. Paragraphs 3.5 and 5.4 Home Office: Asylum Policy Instruction: Discretionary NRM Referral forms. R (on the application of Mutesi) v SSHD [2015] EWHC 2467 (Admin) and R (on the application of SF) v SSHD [2015] EWHC 2705 Admin: No requirement of corroboration and striking down a decision. Home Office: UKVI Operational Guidance: Victims of Modern Slavery: Competent Authority Guidance
Probationer, Level 1 and Level 2 1 and Level 2 only Level 2 only LEGAL AID Knowledge of what areas are in scope of Legal Aid. Knowledge of what work is permitted at level 1 Awareness of exceptional case funding scheme. Knowledge that only 2 accredited caseworkers can act for unaccompanied asylum-seeking children. Knowledge that in exclusive contracting, only level 2 caseworkers can conduct work for detained clients, although level 1 caseworkers can carry out tasks in those matters. Awareness of means and merits tests for legal help. LEGAL AID Understanding of means and merits test for Legal Help and completing CW1 form. Understanding of when an area is relevant. Knowledge of the exceptional case funding scheme. Knowledge of Section 3 of the LAA contract specification. Awareness of the immigration category section of the LAA civil contract specification. LEGAL AID Understanding of the immigration category section of the LAA civil contract specification. Understanding of schedule 1, part 1 and section 10 of LASPOA 2012. Understanding of and merits tests for Controlled Legal Representation (CLR) and completing form CW2(IMM). Understanding of Legal Aid Agency “pre-funding” requirements for Investigative Representation certificates. Understanding of merits tests for Investigative and Full Representation certificates.
Understanding required to relevant law to facts. SPECIALIST IMMIGRATION PRACTICE Awareness of Immigration Rules Knowledge of the Common Travel Area Awareness of Immigration (European Economic Area) Regulations 2006. Awareness of EEA Member states. Knowledge of Article 1A(2) 1951 Convention and 1967 Protocol relating to the Status of Refugees. Knowledge of Home Office procedure for claiming asylum. SPECIALIST IMMIGRATION PRACTICE Understanding of best practice in areas. Understanding required to conduct applications in all in-scope areas. Knowledge that recognised victims of trafficking/modern slavery can obtain legal aid for any immigration application. Knowledge and understanding of the Immigration Rules that are in-scope or relevant to in-scope areas, Article 8, and family reunion. Understanding required to identify whether a client is subject to/can take the benefit of the EEA Regulations or not. Understanding required to conduct asylum claims (claims for international SPECIALIST IMMIGRATION PRACTICE Understanding in all relevant to immigration practice, that are in scope of legal aid. Understanding required to recognise when an out-of-scope area is relevant. Understanding of law, policy and procedure regarding UASC screening interview. Understanding of law, policy and procedure regarding UASC substantive interview. Understanding required to identify grounds for further submissions/fresh asylum claims. Understanding required to develop and lodge further submissions/fresh asylum claims.