Workshop 7 – Professional Code & Ethics, Appeal Rights & Admin Review
Professional Ethics
Ethical issues occur fairly often in an immigration practice as well as in the OISC Level 1
exam.
Code of Standards 2024 – is often examined:
Code of Standards 2024
Guidance_Notes___Code_of_Standards_2024.pdf
The code of standards sets the standards of conduct which are expected to be met by
regulated advisers and regulated organizations and delivered for clients.
The code is made in accordance with paragraph 3 (1) of schedule 5 of the Immigration and
Asylum Act 1999, as amended.
The code applies to any organization or person providing immigration advice or immigration
services in the UK in relation to a “relevant matter” as listed in section 82 of the act except for
those listed in schedule 5, paragraph 3 (3). And came into force on 1 September 2024.
Code of Standards
The Code of Standards is comprised of nine core Principles derived from
the IAA regulatory objectives set out above. The nine Principles permeate
our entire regulatory arrangements; you must adhere to the Principles at all
times. We believe our set of Principles reflect the universal values we
expect all those we regulate to hold.
The Principles are underpinned by specific Codes. The Codes listed under
each Principle are not exhaustive.
An adviser may breach a Principle without breaching any of the listed
Codes if they live up to the letter of the Codes but not the spirit of that
Principle. Advisers must not only follow what is written in the Principle but
must also adhere to its intention.
Code of Standards – Principle 1
Principle 1: Act in a way that upholds the Rule of Law and proper
administration of justice
Codes – You must:
Act in accordance with UK Law
Not knowingly or recklessly allow clients, the Commissioner, the Home Office, the
courts and tribunals and/or third-party agencies to be misled.
Not abuse any judicial and/or immigration process.
Code of Standards – Principle 2
Principle 2: Behave with honesty and integrity
Codes – You must:
Conduct yourself with honesty and integrity in all your dealings
A finding of dishonesty is very serious and will almost invariably lead to
exclusion from the IAA regulatory scheme. The most serious lapses are likely
to result in a disciplinary charge being laid against the adviser and a possible
ban from acting as an immigration adviser. The Commissioner is also likely to
consider adverse findings reached by other regulators as evidence of
misconduct which may also lead to exclusion from the regulatory scheme.
Code of Standards – Principle 3
Principle 3: Comply with your legal and regulatory requirements to the IAA
acting openly, promptly and co-operatively
Codes – You must:
Only provide immigration advice and immigration services on behalf of the specific
organisation(s) you are authorised to work for under the IAA regulatory scheme.
Only provide immigration advice and immigration services on behalf of the specific
organisation(s) you are authorised to work for under the IAA regulatory scheme.
Ensure that no unauthorised person(s) provide(s) immigration advice and/or
immigration services on your behalf.
Not provide immigration advice and/or services, or operate above your authorised
Level or Category, without the written permission of the Commissioner.
Code of Standards – Principles 4 – 7
Principle 4: Act competently and respect confidentiality
Principle 5: Act in the best interest of your client, deal with clients
professionally and ensure they receive a good quality of service
Principle 6: Maintain high standards of professional and personal
conduct, ensure public trust and confidence in the IAA regulatory
scheme and do not bring the regulatory scheme into disrepute
Principle 7: Treat everyone fairly and without prejudice.
Code of Standards – Principles 8 – 9
Principle 8: Manage your business affairs and client records effectively
Codes – You must:
Have an effective governance structure, governance arrangements, processes, and
policies, to support and maintain a viable and sustainable business.
Have current and adequate professional indemnity insurance.
Maintain complete, clear and accurate financial records.
Principle 9: Charge fairly and transparently, dealing appropriately with client
money
Codes – Organisations that charge clients fees must:
Have a fee scale and only charge a reasonable fee that directly relates to the work
done.
Immigration Appeal Rights in the UK
Appeal applications cannot be caseworked by an IAA Level 1
Immigration adviser, therefore only its most important parts you may be
examined on will be covered.
Historical Background
Under Part 5 of the Nationality, Immigration and Asylum Act 2002 (NIAA
2002) there was a statutory right to appeal adverse immigration &
nationality decisions before a judge of the First Tier Tribunal (Immigration
and Asylum Chamber). This has been curtailed by s.15 Immigration Act
2014. This meant a major change and reduction in appeal rights.
Appeal Rights – Legal Basis
Appeal rights in immigration matters are primarily governed by the:
Immigration Act 2014, and
Nationality, Immigration and Asylum Act 2002 (as amended).
When Appeal Rights Arise:
Protection Claims: Refusal of asylum, humanitarian protection, or human rights claims (e.g.
under Article 8 – right to private/family life).
Revocation of Protection Status: If the Home Office revokes someone’s refugee or
humanitarian protection status.
EU Settlement Scheme (EUSS) Decisions: Refusals or cancellations under the EU Settlement
Scheme (for EEA nationals and family members).
Human Rights Grounds: Applications refused that engage Article 8 (e.g., family life or
private life).
Deprivation of Citizenship: If someone is deprived of their British citizenship.
Appeal Process
Notice of Decision: The Home Office must serve a written refusal explaining
the right to appeal (or lack thereof).
Lodging an Appeal: Usually within 14 calendar days (in-country) or 28 days
(out of country).
Grounds of Appeal: Based on legality, proportionality, or compatibility with
human rights or the Refugee Convention.
First-tier Tribunal Hearing:
Oral or paper hearing; evidence can be submitted.
Decision issued in writing.
Upper Tribunal (if appeal from FTT on legal error only).
Administrative Review UK
What is Administrative Review?
Administrative Review is a formal process through which applicants can
request the Home Office to reconsider a refusal decision if they believe a
case working error was made.
It is not an appeal and no new evidence can be submitted — it only
corrects factual or legal mistakes in the decision-making process.
One can apply for AR if your visa or immigration application was refused
under a route that offers AR instead of a full appeal.
Common Grounds for Administrative
Review
One can apply for Admin Review if the decision-maker:
Applied the Immigration Rules incorrectly.
Misunderstood or overlooked information provided in the application.
Incorrectly refused due to caseworking or procedural errors (e.g., wrong
documents considered, biometric issues, etc.).
Important: new documents or facts cannot be submitted as part of an
Admin review unless they were already part of the original application.
Apply online via the Home Office website. Fee: £80 (refunded if the review
is successful).
Include a clear explanation of the alleged error(s).
Time Limits to Request AR
Application Type Time Limit to Request AR
In-country refusal Within 14 calendar days
Out-of-country refusal Within 28 calendar days
Visa cancellation at border Within 14 calendar days
