A new report echoes the Law Society’s fear that changes to legal aid funding for asylum appeals could see people with legitimate claims sent home to face torture or even death.

From 4 April 2005, a new system will see decisions being made retrospectively on whether legal aid should be granted for appeals against rulings of the new Asylum and Immigration Tribunal.

The Constitutional Affairs Committee report says this could deny genuine claimants’ access to justice and describes the plans as ‘no win, no fee’ for asylum. 

In evidence to the Committee, the Law Society said the changes are wholly unfair and may mean that people with good cases will not be able to appeal.  Even if a High Court judge has referred a case to the Asylum and Immigration Tribunal, the applicant will not automatically qualify for legal aid.

The Government has made some positive modifications to its proposals after submissions made by the Law Society - including an option of an oral appeal against refusal of a funding order. 

But Edward Nally, Law Society president, says the Society remains concerned;

“The Government has made some concessions but these plans still tip the scales of justice unfairly against genuine cases that could be the difference between life and death.  It is wrong for the Government to turn these cases into a legal aid lottery. 

“It is not too late for the Government to change its mind and withdraw the regulations before 4 April or suspend them to assess the impact of the new Asylum and Immigration Tribunal.  If the quality of its decision making is better, we can expect to see fewer appeals.  Under the new system a High Court judge will scrutinise every case to decide if it merits reconsideration by the Tribunal.  We believe this judicial scrutiny provides a robust safeguard that will ensure unjustified appeals are not taken forward.”

Mr Nally added; “Asylum solicitors are already among the lowest paid in the profession.  I fear many of them will stop doing this work if there is a risk they might not get paid.  We think many good immigration and asylum solicitors will be driven away from publicly funded asylum work.”

The Law Society regulates and represents the solicitors’ profession in England and Wales and has a public interest role in working for reform of the law.  Solicitors in Scotland and Northern Ireland are represented by the Law Societies in Scotland and Northern Ireland respectively.

For more information call the Law Society Press Office on 020 7320 5884.