Case No. UKUT-00038-(IAC)

For the purposes of the Immigration and Asylum Act 1999 (as amended) (“the Act”), a Solicitor or Barrister is considered a qualified person. Therefore, under the provisions of the Act, Solicitors and Barristers are permitted to provide immigration advice and/or services within the UK. However, Solicitors and Barristers, by virtue of their regulation with the SRA and BSB (respectively), are restricted to providing legal advice in England & Wales only. It would be for the Solicitor and Barrister themselves to determine whether they can appear before a Judge in Scotland without contravening the provisions of their registration with their regulator and without contravening the laws of Scotland. However, there is no issue in respect of the Act.” 28. It is, we have to say, disappointing that the regulator and the Secretary of State appear unwilling to assist on the scope of the regulatory power and offences. There is, as we understand it, a clear “ issue in respect of the Act ” , that is to say its interpretation and enforcement. The Commissioner’s response, as we read it, is that the Commissioner would not under any circumstances regard a “ qualified person ” (as concept we have not been able to discover in the Act itself) as contravening the prohibition in s 84 of the Act by providing immigration advice or immigration services to which the person’s authorisation by the designated qualifying regulator did not extend. If that is what is meant, with respect, we do not think that can be right. A