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BBC sting heaps pressure on immigration lawyers and SRA

Mahmood: Sham lawyers will face the full force of the law

A BBC undercover investigation has again thrown the spotlight on immigration lawyers, claiming that “a shadow industry of law firms and advisers is charging thousands of pounds to help migrants pretend to be gay in order to stay in the UK”.

It said [1] migrants whose visas were due to run out were being given fake cover stories and instructed in how to obtain fabricated evidence.

They then apply for asylum claiming to be gay and in fear for their lives if they return to Pakistan or Bangladesh.

The stings happen periodically – in 2017, the BBC ‘File on Four’ radio programme carried out a similar operation, while there was a political firestorm after the Daily Mail did the same in 2023.

The Solicitors Regulation Authority (SRA) closed down the three firms [2] the newspaper named – stressing that it was not responding to political pressure [3] – but the bosses of each firm were ultimately cleared of misconduct by the Solicitors Disciplinary Tribunal, the last just last month [4].

Jonathan Peddie, the SRA’s executive director of investigations, enforcement and litigation, said yesterday: “All regulated law firms and solicitors should uphold the high professional standards that we and the public expect of them. This is especially important in areas such as asylum and immigration, where the people involved may be vulnerable.

“We are urgently following up with the SRA-regulated firms identified in the BBC story. If we find evidence that anyone we regulate has acted in ways that contravene their duty to act legally and uphold the law, we will take action.”

Home secretary Shabana Mahmood promised strong action against “anyone abusing protections for people fleeing persecution over gender or sexual orientation”, adding that “sham lawyers facilitating this abuse will face the full force of the law”.

She said: “With them behind bars, their dirty money will be seized and reinvested to shut down the crime they once bankrolled.”

The BBC said its investigation had begun by contacting a paralegal at Birmingham and London law firm Law & Justice Solicitors, who referred them to an unqualified adviser who explained how the deception would work.

Though she was “cagey” about her connection to the paralegal, some of the meetings were held at the law firm’s offices.

Law & Justice Solicitors said in a statement that, following an internal investigation, the paralegal was no longer working with the firm, “and the matter was immediately reported to the SRA”.

It added: “We take these allegations extremely seriously and are committed to upholding the highest professional and ethical standards. We strongly condemn any behaviour that falls short of these standards.”

The BBC also said it contacted a “senior legal adviser” at London firm Connaught Law, who “told our reporter that he could help him stay in the country and appeared to be willing to direct him on how to fabricate evidence for a fake claim”. He said his fee would be £7,000.

Connaught Law said in a statement that the firm had “no prior knowledge of this matter” and immediately opened an internal investigation when contacted by the BBC.

“The individual concerned was suspended immediately [he is not now listed on the firm’s website] and the firm is in contact with the relevant authorities and is providing all necessary information and assistance.

“Connaught Law is committed to the highest standards of integrity and professionalism. We will not be making further comment while the investigation is ongoing.”

A third firm named by the BBC was London firm Lextel Solicitors, where a member of staff who was a barrister said it was up to the undercover reporter to choose whether he wanted to pretend to be gay, an atheist or a political activist.

It has not responded to a request for comment and has taken down its website. An archived version of the website lists the barrister as a legal consultant.

Conservative shadow lord chancellor Nick Timothy reacted: “This confirms an open secret. Human rights laws have killed immigration control. Many claimant lawyers and ‘charities’ – many publicly funded – are abetting thousands of crimes. They all belong in prison. We will bring the whole thing down.”

His leader, Kemi Badenoch, added: “Anyone caught in this racket must face the consequences of being struck off and prosecuted.”

The Reform Party’s home affairs spokesman Zia Yusuf said it would make facilitating a false asylum claim a strict liability criminal offence, punishable by up to two years in jail, and would abolish legal aid for asylum applications from those who enter the UK illegally or overstay their visa.

Dr Zubaida Haque, head of policy, programmes and media at AdviceUK, said: “We are really saddened to hear people desperately needing advice are exploited by rogue immigration advisers charging extortionate fees for poor and negligent advice.

“Our members in the independent advice sector regularly observe this. The impact on individuals can be catastrophic.

“Some of our members have also told us they have seen an alarming rise in poor legal advice from ‘TikTok’ lawyers and registered ones who do not put advice in writing and charge extortionate rates.”

He said it showed the need for more resources and support for the free and independent advice sector.

On X, No5 Chambers barrister Jennifer Blair commented: “What the BBC have not discovered is a sophisticated network of legal fraud. They have discovered one skeezy woman who sneaks strange men into her bedroom to lie to them about their immigration case. She isn’t a lawyer and I really doubt she could ‘get’ anyone refugee status.”

In the wake of the Daily Mail story, the government announced a professional enablers taskforce [5] to increase enforcement action against those who helped migrants exploit the system, but there has since been no update on its work.