§ Mr. WinnickTo ask the Attorney-General what documentation and advice has been recently sent to adjudicators and members of the immigration appeals tribunal by the Lord Chancellor's Department or any other branch of the Laws Officers Departments arising from judgments on cases involving marriage; and if he will make a statement.
§ The Attorney-GeneralThe Treasury Solicitor acts as solicitor to the independent immigration appellate authorities established under the Immigration Act 1971 and represents the immigration appeal tribunal when its decisions are challenged on judicial review.
In December 1988 the Treasury Solicitor so acted for the immigration appeal tribunal in a case, R. v Immigration Appeal Tribunal ex parte Mohammed Khatah, in which the decision of the tribunal refusing the applicant leave to appeal to the tribunal from a decision of an adjudicator was quashed by Mr. Justice Henry. The transcript of the judgment was received at the end of January 1989 and on 6 February the Treasury Solicitor wrote to the president of the tribunal enclosing a copy of the judgment pointing out its importance, and suggesting that it be drawn to the attention of the adjudicators. The Treasury Solicitor did not suggest that any document other than the transcript be circulated and took no steps to secure any such further circulation. It is the Treasury Solicitor's standard practice after any judicial review proceedings to report back to the 256W client, which in this case was the tribunal, with a note of the decision and its implications for the client. In tendering any such advice the Treasury Solicitor acts independently as a solicitor giving advice to a client.
On 7 March the chief adjudicator wrote to all adjudicators enclosing two documents: a copy of the Treasury Solicitor's letter dated 6 February (already referred to) and a copy of standard briefing material prepared by the Treasury Solicitor in December 1988 to be supplied to counsel for the tribunal on applications for judicial review. This briefing material had been sent to the president of the tribunal at an earlier date for information.
Consultations about the role of the tribunal in judicial review proceedings have been going on for some time following an initiative by the Treasury Solicitor's department in 1988, and it has now been agreed that the immigration appeal tribunal should no longer be represented in judicial review proceedings; in future, the Secretary of State or the immigration service will be the respondents in all such cases. Consequently it will no longer be necessary for the Treasury Solicitor to advise the tribunal on the outcome of judicial review proceedings.