K, R v

K, R v

A barrister who falls within and complies with paragraph 206.1 of the Bar Code is not 'authorised' by the Bar Council to practise as a regulated member for the purposes of section 84 of the Immigration and Asylum Act 1999 and is therefore not qualified to provide immigration advice or services.

Parties
Respondent: R; Appellant: K
Jurisdiction
England and Wales
Judgment Date
14 August 2008
Procedural Posture
Criminal Appeal / Appeal Against Preliminary Ruling (leave Granted)
Outcome
Appeal dismissed; preliminary ruling upheld
Legal Topics
Provision of Immigration Advice, Qualification of Barristers, Regulatory Compliance
Criminal Law Immigration Law Professional Regulation Provision of Immigration Advice Qualification of Barristers Regulatory Compliance

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Parties

R

Respondent

K

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Preliminary Ruling (leave Granted)

Legal Issues

  1. 1 Whether a barrister complying with paragraph 206.1 of the Bar Code is 'authorised' to provide immigration advice/services under section 84 of the Immigration and Asylum Act 1999

Ratio Decidendi

A barrister who falls within and complies with paragraph 206.1 of the Bar Code is not 'authorised' by the Bar Council to practise as a regulated member for the purposes of section 84 of the Immigration and Asylum Act 1999 and is therefore not qualified to provide immigration advice or services.

Court Disposition

Appeal dismissed; preliminary ruling upheld