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Publication: Migrant Voices, Migrants Rights

Refugees and the Right to Asylum

Access to Legal Representation

UK asylum and immigration law can be complicated. Refugees and Asylum seekers should be able to get specialist legal advice free of charge if they do not have enough money to fund a case themselves. This is available through solicitors and voluntary organisations that have a contract to provide legal aid with the Legal Services Commission, but is subject to a means and a merits test. In addition, some organisations are able to provide free advice through other funding arrangements, such as Citizens Advice Bureaux and Law Centres. 

Detention 

Immigration advice services are also available in detention centres, and in police stations via the telephone. Asylum seekers whose claims are processed as part of a Detained Fast Track process (currently operating at Harmondsworth, Yarl's Wood and Oakington Immigration Removal Centres) are entitled to a legal adviser and are provided with one at the start of the process, if they do not have an adviser, due to the speed of the process.

The contractual arrangements and fee schemes surrounding the provision of legal aid are currently the subject of discussion between the government and advice providers. Cases opened on or after 1 October 2007 will be funded under the graduated fee scheme.



For more information on access to legal representation see:

Community Legal Service Direct - To find a local legal adviser or solicitor and some free information on a range of common legal problems.
www.clsdirect.org.uk or call 0845 345 4 345

Immigration Law Practitioners Association (ILPA) - For information on where to get help, ask for or look up the Directory of Members.
www.ilpa.org.uk or phone: 020 7251 8383

Law Society - the Law Society can give you details of solicitors who can offer legal representation in asylum cases.
www.solicitors-online.com or phone: 0870 606 6575

Legal Services Commission · aims to ensure that every immigration and asylum client who meets the means assessment and whose case has merit will have access to publicly funded legal advice that can be demonstrated as high quality and providing value for money.
http://www.legalservices.gov.uk/civil/immigration.asp

Asylum and Immigration Tribunal - This website contains the information needed to pursue an appeal to the Tribunal. It also provides information about procedures and hearing centres, appeal forms and guidance notes, daily court lists, a Case law database and links to related legislation.
http://www.ait.gov.uk/

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