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Briefing on legal aid – what can community groups expect?
Frequent visitors of this blog may recall that back in February MRN, together with our colleagues at MRCF, organised an event with migrant community groups and legal experts to discuss legal aid. At the event we heard about the experiences of migrant groups with using legal aid, the Ministry of Justice proposals to reform it and the campaign Justice for All.
Following the event, MRN made its own submission to the consultation on the proposals to reform legal aid and encouraged others to add theirs. We are still awaiting the government’s response to the consultation and to hear about plans to revise and/or implement the proposals. In the meantime we are making available a short briefing explaining how legal aid helps migrants and migrant groups and how the proposals could affect their work.
In its current form access to legal representation and its quality once you can access it is not ideal. There is evidence that the current system incentivises practitioners to take on easy-to-resolve immigration and asylum cases over more complicated ones. Some providers have faced closure while others have stopped providing immigration advice. We have also had feedback from people complaining about poor advice and migrant groups report difficulty in finding providers who will take on their cases.
Despite this, accessing legal aid remains vital for migrants and asylum seekers and for those who support them in ensuring that they can access justice. The MoJ proposals include: withdrawing funding from a wide variety of legal issues, including most immigration cases; making the eligibility criteria for funding more stringent; and centralising access to legal aid through a telephone helpline. As a result more people will be expected to resolve their issues out of court or to represent themselves at court.
For groups supporting migrants the changes could mean an increase in demand for their services, often on issues that require specialised knowledge and which they cannot provide. And this at a time when funding for community groups is tighter than ever, with some projects already closing down. Community support plays an important role in helping out those in need, often going beyond immediate advice and providing social and emotional support. But this holistic approach cannot be a substitute for expert advice on complicated matters. Rather, expert legal support is often an important element of the holistic support the migrant organisations provide.
Not all community groups will be aware of the proposed changes and we hope that this briefing will provide an introduction to those who want to find out more about it. As we get further news of developments we will update the document. In the meantime the Justice for All campaign is continuing to fight against these and other cuts to legal advice and representation. Most immediately they will be present at the March for an Alternative on the 26th of March and fighting for access to justice for all is another reason to join this important event.
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Comments
in order for work to fair to all work must be legal. when work is done illegally fairness is displaced hurting all workers and especially it hurts legal workers more. it is my opinion that all work must be legal and that illegal workers must gain legal access to work without harming legal workers.
jfa
How can the UK BA kip me in ditention for morthan 16 mouths with out giving a temporary addmision i dont think ther is a humain right in the UK.
Dear sir.s
Kindly refer to Home Office letter dated 1st August, 2011 and other numerous correspondences attached hereto regarding my immigration matter.
In the correspondences attached, there are inconsistencies in facts stated on various correspondences. I have been, in fact, staying in the United Kingdom for more than 5 years but due to mistakes of my Solicitor, inconsistencies in facts had happened.
I have been passing my days without work due to the inconsistencies which victimized me and consequently I have been passing my days almost in starvation and in an inhuman status.
I would, fervently, request your good offices to kindly review my papers and reconsider my case of immigration after thorough scrutiny of all my papers in support of my case and allow me to remain in UK, for which I would be ever grateful to you.
I am ready to provide any paper other than those attached hereto to explain myself for positively considering my case of immigration.
, in 8th august11 i received my indefinite application refused latter by home office , currently my solicitor is a legal aid , they say my need to appeal against this decision to high court ,with new evidence which they have all requirement document , they say 2 option for me 1 is appeal to high court or 2nd option is fresh claim , and expelling all the happen , i m in this country almost 9 years , i first enter in this country 27 January 2003 as a work permit holder for chef , i victimized by unprofessional solicitor for this I passing my dayle life so painfully.regard visas problem .
my solicitors say my case was storng for freash clim with new docuument , about my emplyear explanation latter , registation latter which is cassia oriental thai and indian resturant was registared with local autorety, secendly :helth inspector report , thirdly:pay sleep since 6th july to 4th january 2008 in my full work pirod ,so 3 new evideans is a new new ground to make judisial revew my case , lastly ma consultant immigration adviser dealing my case . they not gave me time to explyn adjuctly happining for my via they say more than enaf evideans for court hiaring date , my legal aid solicitor take all the evidens for my case, they reqoest me to contact another legal aid solicitor they say you do qualify for under legal aid , we r not go judisial revew for your case becouse our satff is sort , but we gave all the documents to your new legal aid solicitor , and reqoest me soon as posible join with new legal aid solixcitor , and submit judicial review soon as posible ,
personally i fell my case was storng and jenuin , becouse i come in uk was valid visa , i do complyn agenist my formal solicitor chetna and co solicitor for thear mistake ,it is progress for my clime for comnpensetion, to the law sosaity ombusment ,
kindly let me know your progress for my quary , haw ever i wuld like to look forward hearing from you ,
please consider me as a human beng and allow me for under legal aid to submit my case to judicial revew , i m very un warry for my immigration stutas ,
thank you so much for your kindly healp ,
With kindest regards,
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