"NO MOVE TO ‘NO WIN, NO FEE’ IN ASYLUM AND IMMIGRATION CASES"

Asylum and immigration appellants must not be denied justice

[House of Commons Constitutional Affairs Committee News Release - 22 March 2005]

"An attempt by the Government to restrict legal aid for asylum appeals is today condemned in a new Report by the Constitutional Affairs Select Committee.

Under a new Government scheme, due to start on 4 April, solicitors would not be paid until after an appeal case is heard, and in most instances, only if the case was successful.

Lawyers, especially from small firms or charities, may be reluctant to take on cases unless they are certain of success. This could lead to a denial of justice, the Report warns.

The Government has denied that the scheme amounts to a ‘no win, no fee’ agreement. However, the Committee remains concerned that the proposals could deny justice to appellants who could face death, torture or other degrading treatment if they cannot appeal and are deported.

A previous, failed attempt by the Government to restrict the right of asylum and immigration seekers to appeal to the High Court was criticised by the Committee last year. The Committee's new Report says that the Government should not be able to use the legal aid system to restrict legitimate appeals.

Commenting, Committee Chairman Rt Hon Alan Beith MP said:

“The Government has set the bar too high on this occasion. No-one would argue that frivolous asylum and immigration cases should be funded by the public purse. However, these proposals swing too far in the other direction. Few solicitors will want to take on cases if there is a significant chance that they won’t be paid. This could happen even if the appeal is considered by a judge to have some merit. Discouraging solicitors and barristers from taking on all but the most cast-iron cases could amount to a serious denial of justice. The Government must re-think its position.”

Notes for editors:

1. The Government has launched three major reforms on the asylum and immigration field over the past few years. A previous report by the Constitutional Affairs Committee (Second Report of Session 2003-04, Asylum and Immigration Appeals, HC 211-I, Feb 2004) said that government plans to prevent courts' jurisdiction over asylum and immigration tribunal cases, and appeals to higher courts were “without precedent” and that oversight must be retained both as a matter of constitutional principle and to ensure justice.

2. New proposals from the Government (which this report covers) were subsequently launched in November 2004. They set out the draft regulations for legal aid arrangements in England and Wales for the review and reconsideration of appeal decisions made by the new Asylum and Immigration Tribunal (AIT), which is to be launched on 4 April 2005. The proposals raise two main issues: the introduction of a system of retrospective funding; a new, high threshold that claimant's lawyers would have to meet to obtain funding - i.e. far more than the current 50% prospect of success; and the possibility that even successful cases might not attract legal aid support.

3. Evidence transcripts and terms of reference (see Press notice 4, 10 December 2004) are available on the Committee’s website (see below).

4. Committee Membership is as follows: Rt Hon Alan Beith MP (Chairman), Peter Bottomley MP, Hilton Dawson MP, James Clappison MP, Ross Cranston QC MP, Andrew Rosindell MP, Clive Soley MP, Ann Cryer MP, Keith Vaz MP, Jim Cunningham MP, Dr Alan Whitehead MP

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