87044 - Upper Tribunal (Immigration and Asylum Chamber) Lawyer
Number of jobs available 1
Detail of reserve list 12 Months
Region London
City/Town London
Building/Site FIELD HOUSE AIT LONDON, EC4A 1DZ
Grade Grade 7
Grade 7
Post Type Permanent
Working Pattern Full Time
Role Type Legal Services
Job profile
Overview
The Upper Tribunal Immigration and Asylum Chamber (UTIAC) deals with statutory appeals against decisions made by the First-tier Tribunal (IAC) in matters of immigration, asylum and nationality. It also has a supervisory jurisdiction over designated immigration and asylum decisions made by the Secretary of State for the Home Department, and over certain decisions made by the First-tier Tribunal (IAC), which is exercisable through the procedure of judicial review.
The key purpose of the role:
UTIAC lawyers are responsible for proactive case management of proceedings in the Upper Tribunal. They provide expert advice and assistance to the parties and the judiciary by overseeing the management of cases, advising on how and when they should be heard and by undertaking analysis and legal research. The lawyers are authorised court officers and exercise judicial functions in individual cases in accordance with the UTIAC Chamber President’s authorisation.
The introduction of tribunal caseworkers /legal officers to UTIAC in 2020 has meant that some of the case management undertaken by the UTIAC lawyers is now delegated to the caseworkers and the lawyers’ role is likely to become increasingly supervisory, with the potential for expansion of the lawyers’ judicial functions.
Key responsibilities
Case Management
* Promote and practise active case management, to ensure that cases are progressed consistently, efficiently and in accordance with the Tribunal Procedure (Upper Tribunal) Rules 2008 or other relevant rules with a view to minimising delay and reducing outstanding caseload.
* Exercise judicial powers as authorised by the Senior President of Tribunals and the President of the UTIAC to save judicial time and ensure that judicial resources are used efficiently.
* Prepare accurate and concise legal notes in cases where appropriate.
* Provide guidance on the procedural requirements of Judicial Review and Statutory Appeals, in particular to other UTIAC staff, professional court users and litigants in person.
* Maintain an accurate overview of all legal issues relevant to the work of the UTIAC, including identifying cases raising linked issues and test cases.
* Identify important and high-profile cases for inclusion in any immigration topic shared folder.
* Take responsibility for the caseload as a whole including regularly checking the timely progress of all cases through the system.
* Prioritise caseload effectively in accordance with changing business demands, adapting focus as necessary to ensure that urgent and/or high-profile matters are progressed appropriately.
* Review cases listed for substantive hearings at UTIAC to ensure that directions and orders are complied with and hearings remain effective and/or oversee that review work when conducted by tribunal caseworkers.
Keep the Customer / Court / other stakeholders informed
* Respond promptly to legal and procedural questions and queries from administrative staff, solicitors, counsel and litigants in person as appropriate.
* Respond promptly to queries from the judiciary.
* Maintain a dialogue and exchange of information with UTIAC lawyers in the Regional offices, other stakeholders, other agencies and legal representatives.
* Attending internal meetings with the President and Senior Judiciary when requested.
* Act as a point of contact for the Senior Judiciary, including visiting Judges, on all Judicial Review and Statutory Appeal matters at UTIAC.
Develop and apply legal skills
* Use knowledge of the legal issues specific to the caseload to carry out effective case management.
* Maintain and develop specialist skills by keeping up to date with developments in immigration and asylum and public law generally, the Tribunal Procedure (Upper Tribunal) Rules 2008, with a strong focus on continuous learning.
* Identify developing trends in the caseload area.
* Respond to consultations as to proposed procedural or legal changes affecting the work, where appropriate.
* Attend in-house and external training courses to complete relevant continuous professional development requirements.
People management / working as a team
* Communicate effectively and work collaboratively with other lawyers and caseworkers.
* Work closely with the administrative staff to progress cases.
* Work collaboratively across the UTIAC to continually develop more efficient means of achieving the goals of the Office.
* Cover urgent work of other lawyers who are absent and, by agreement, additional work on a reciprocal basis.
* To identify training needs, design and deliver training sessions for administrative colleagues on specific topic areas.
* The UTIAC lawyers line manage the tribunal caseworkers and the post holder may be required to take on some line management responsibility. In the absence of management responsibility, the G7 lawyer post is nevertheless a role in which the post holder is expected to role model leadership behaviours.
* Solicitor or barrister qualified to practise in England and Wales (i.e. having completed training contract or pupillage), or Fellow of the Chartered Institute of Legal Executives (eligible where (i) a Qualifying Law Degree (QLD) is held; or (ii) the GDL/CPE has been completed; or (iii) where exams have been passed (i.e. a score of 50% or above achieved) at CILEx Level 6*, in all of the seven foundation subjects in law) with relevant post qualification experience.
* Have sound legal professional skills, strong powers of analysis and good judgement.
* A sound knowledge of public law and procedure, plus an ability to acquire a specialist knowledge of immigration and asylum law, the Upper Tribunal procedure rules, Practice Directions, Practice Statements and Practice Notes.
* An ability to articulate issues effectively and get to the heart of complex issues, considering issues in their practical context, recognising the wider issues raised, suggesting viable solutions where appropriate and identifying advantages and disadvantages of different courses of action.
* An ability to carry out efficient research, produce sound analysis and apply sound legal judgement and be able to advise clearly, persuasively and constructively, both orally and in writing. Excellent written skills are essential.
* An ability to produce work of a high standard within targets and to be able to work under pressure and to prioritise in the face of competing demands and short deadlines.
* An ability to identify legal training needs and appropriate sources.
Other duties
The post holder is required to work in a flexible way and undertake any other duties reasonably requested by line management which are commensurate with the grade and level of responsibility of this post.
Location of Post
Located at Field House, Breams Buildings, London.
Some remote working is possible, in accordance with the RCJ group hybrid working policy.
The job holder must be able to fulfil all spoken aspects of the role with confidence in English or (when specified in Wales) Welsh.
Mandatory Eligibility Requirements
Qualifications
• Solicitor or barrister qualified to practise in England and Wales (i.e. having completed training contract or pupillage), or Fellow of the Chartered Institute of Legal Executives (eligible where (i) a Qualifying Law Degree (QLD) is held; or (ii) the GDL/CPE has been completed; or (iii) where exams have been passed (i.e. a score of 50% or above achieved) at CILEx Level 6*, in all of the seven foundation subjects in law) with relevant post qualification experience.
Additional Information
Working Arrangements & Further Information
The MoJ offers Hybrid Working arrangements where business need allows. This is an informal, non-contractual form of flexible working that blends working from your base location, different MoJ sites and / or from home (please be aware that this role can only be worked in the UK and not overseas). All employees will be expected to spend a minimum of 60% of their working time in an office, subject to local estate capacity.
Some roles will not be suitable for Hybrid Working. Similarly, Hybrid Working will not suit everyone’s circumstances. Arrangements will be discussed and agreed with the successful candidate(s) and subject to regular review.
For nationally advertised roles, the successful candidate(s) will be appointed to a MoJ office location, which may include their nearest Justice Collaboration Centre or Justice Satellite Office. This will be discussed and agreed on the completion of pre-employment checks.
Some of MoJ’s terms and conditions of service are changing as part of Civil Service reform. The changes will apply to staff joining MoJ who are new to the Civil Service. Staff joining MoJ from other civil service employers will transfer onto the new MoJ terms if they are already on 'modernised' terms in their current post or onto 'unmodernised' MoJ terms if they are on 'unmodernised' terms at their current post. Details will be available if an offer is made.
MoJ candidates who are on a specialist grade, will be able to retain their grade on lateral transfer.
All candidates who are currently in receipt of Mark Time / Pay Protection should ensure they are familiar with the new policy on permanent and temporary promotion which can be found on the employee intranet.
Flexible working hours
The Ministry of Justice offers a flexible working system in many offices. Standard full time working hours are 37 hours per week. MoJ welcomes part-time, flexible and job-sharing working patterns, where they meet the demands of the role and business needs. All applications for part-time, flexible and job-sharing working patterns will be considered in accordance with the MoJ’s Flexible Working policy.
Benefits
The MoJ offers a range of benefits:
Annual Leave
A nnual leave is 25 days on appointment and will increase to 30 days after five years’ service.
There is also a scheme to allow qualifying staff to buy or sell up to three days leave each year. Additional paid time off for public holidays and 1 privilege day. Leave for part-time and job share posts will be calculated on a pro-rata basis.
Pension
The Civil Service offers a choice of pension schemes, giving you the flexibility to choose the pension that suits you best.
Training
The Ministry of Justice is committed to staff development and offers an extensive range of training and development opportunities.
Networks
The opportunity to join employee-run networks that have been established to provide advice and support and to enable the views of employees from minority groups to be expressed direct to senior management. There are currently networks for employees of minority ethnic origin, employees with disabilities, employees with caring responsibilities, women employees, and lesbian, gay, bisexual and transgender employees.
Support
* A range of ‘Family Friendly’ policies such as opportunities to work reduced hours or job share.
* Access to flexible benefits such as voluntary benefits, retail vouchers and discounts on a range of goods and services.
* For moves to or from another employer or moves across the Civil Service this can have implications on your eligibility to carry on claiming childcare vouchers. You may however be eligible for alternative government childcare support schemes, including Tax Free Childcare. More information can be found on GOV.UK or Childcare Choices. You can determine your eligibility at .
* Paid paternity, adoption and maternity leave.
* Free annual sight tests for employees who use computer screens.
Working for the Civil Service
The Civil Service Code sets out the standards of behaviour expected of civil servants.
We recruit by merit on the basis of fair and open competition, as outlined in the Civil Service Commission's recruitment principles. Should you feel that the recruitment process has breached the recruitment principles you are able to raise a formal complaint in the following order
* To Shared Service Connected Ltd (0845 241 5358 (Monday to Friday 8am - 6pm) or e mail Moj-recruitment-vetting-enquiries@gov.sscl.com );
* To Ministry of Justice Resourcing team (resourcing-management-office@justice.gov.uk );
* To the Civil Service Commission (details available here )
As a Disability Confident employer, MoJ are committed to providing everyone with the opportunity to demonstrate their skills, talent and abilities, by making adjustments throughout all elements of the recruitment process and in the workplace. MoJ are able to offer an interview to disabled candidates who meet the minimum selection criteria, except in a limited number of campaigns.
For more information on applying for a role as a candidate with a disability or long-term condition, please see our Disability Confident Scheme Frequently Asked Questions webpage.
You will be able to request reasonable adjustments to the recruitment process within the application form. If you need additional help completing the application form, please contact the SSCL Recruitment Enquiries Team.
Diversity & Inclusion
The Civil Service is committed to attract, retain and invest in talent wherever it is found. To learn more please see the Civil Service People Plan and the Civil Service Diversity and Inclusion Strategy .
To apply for roles in MOJ you will need to confirm your employment history for at least 3 years prior to the date of application so that pre-employment checks (BPSS) can be undertaken. If you have spent significant time abroad (a total of 6 months in the past 3 years) you would be required to give a reasonable account of the reasons why.
For some roles you will be required to successfully complete National Security Vetting at Counter Terrorism (CTC), Security Clearance (SC) or Developed Vetting (DV) level as a condition of appointment. To meet CTC/SC/DV requirements you will normally need to have been resident in the UK for at least 3/5/10 years prior to the date of application (The level of checks that are required are stated in the advert).
If you do not meet the above requirements, you may still be considered if, for example:
* You've been serving overseas with HM Forces or in some other official capacity as a representative of HM Government
* You were studying abroad
* You were living overseas with parents
In such cases you will need to be able to provide referee cover for the period(s) of residence overseas. The duration of overseas residence and the country of abode will also be taken into account.
Success Profiles
Success Profiles will enable a fairer and more inclusive method of recruitment by enabling us to assess the range of experiences, abilities, strengths, behaviours and technical/professional skills required for different roles. This flexible approach to recruitment focuses more on finding the right candidate for the specific role. To find out more about Success Profiles to support your application please click here for further guidance .
We have provided detail of the assessment stages and areas being assessed to help you prepare for completing your application form, and to advise of what will be assessed following this, if you successfully pass the application stage.
Application form stage assessments
Behaviours
Making Effective Decisions - 250 word limit
Delivering at Pace - 250 word limit
Communicating and Influencing - 250 word limit
Managing a Quality Service - 250 word limit
Experience
CV
Technical Skills
Legal Experience - 250 word limit
A sift based on the lead behaviour, Making Effective Decisions, may be held if a large number of applications are received. If a large number of applications remain after the initial sift, your application will be progressed to a full sift, where all behaviours will then be considered.
Use of Artificial Intelligence (AI)
You must ensure that any evidence submitted as part of your application, including your CV, statement of suitability and behaviour examples, are truthful and factually accurate. Please note that plagiarism can include presenting the ideas and experiences of others, or generated by artificial intelligence, as your own.
Interview stage assessments
There is 1 interview stage for this vacancy.
Behaviours
Making Effective Decisions
Delivering at Pace
Communicating and Influencing
Managing a Quality Service
Technical Skills
Situational written test at interview
Strengths may also be assessed at interview but these are not shared in advance.
A Great Place to Work for Veterans
The "Making the Civil Service a Great Place to work for veterans" initiative includes a guaranteed interview scheme to those who meet the minimum criteria to provide eligible former members of the Armed Forces with opportunities to secure rewarding jobs. Allowing veterans to continue to serve their country, and to bring highly skilled individuals with a broad range of experience into the Civil Service in an environment, which recognises and values your previous service in the Armed Forces.
For further details about the initiative and eligibility requirements visit :
Redeployment Interview Scheme
Civil Service departments are expected to explore redeployment opportunities before making an individual redundant. The MoJ are committed, as part of the Redeployment Interview Scheme, to providing opportunities to those who are 'at risk of redundancy'.
MoJ are able to offer an interview to eligible candidates who meet the minimum selection criteria, except in a limited number of campaigns. Candidate's will not be eligible for the Redeployment Interview Scheme if they are applying on promotion.
This job is broadly open to the following groups:
· nationals of the Republic of Ireland
· nationals of Commonwealth countries who have the right to work in the UK
· nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities with settled or pre-settled status under the European Union Settlement Scheme (EUSS) (opens in a new window)
· nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities who have made a valid application for settled or pre-settled status under the European Union Settlement Scheme (EUSS)
· individuals with limited leave to remain or indefinite leave to remain who were eligible to apply for EUSS on or before 31 December 2020
· Turkish nationals, and certain family members of Turkish nationals, who have accrued the right to work in the Civil Service
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