About the job

Job summary

Please refer to Job Description

Job description

We encourage applications from people from all backgrounds and aim to have a workforce that represents the wider society that we serve. We pride ourselves on being an employer of choice. We champion diversity, inclusion and wellbeing and aim to create a workplace where everyone feels valued and a sense of belonging. To find out more about how we do this visit: https://www.gov.uk/government/organisations/ministry-of-justice/about/equality-and-diversity.

UTIAC Lawyer

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.

Skills & 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.
• 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.

Person specification

Please refer to Job Description

Benefits

Alongside your salary of £58,847, HM Courts and Tribunals Service contributes £16,418 towards you being a member of the Civil Service Defined Benefit Pension scheme. Find out what benefits a Civil Service Pension provides.

Things you need to know

Selection process details

This vacancy is using Success Profiles (opens in a new window), and will assess your Behaviours, Strengths, Experience and Technical skills.https://justicejobs.tal.net/vx/candidate/cms/About%20the%20MOJ

Feedback will only be provided if you attend an interview or assessment.

Security

Successful candidates must undergo a criminal record check. People working with government assets must complete baseline personnel security standard (opens in new window) checks.

Nationality requirements

This job is broadly open to the following groups:

• UK nationals
• 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

Further information on nationality requirements (opens in a new window)

Working for the Civil Service

The Civil Service Code (opens in a new window) 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 (opens in a new window). The Civil Service embraces diversity and promotes equal opportunities. As such, we run a Disability Confident Scheme (DCS) for candidates with disabilities who meet the minimum selection criteria.