Legal Aid is financial assistance provided by the UK government to cover the cost of legal advice, assistance, and representation. This ensures that individuals who cannot afford legal fees still have access to justice.

Key Benefits:

• Advice on completing and submitting your asylum or humanitarian protection application.
• Legal representation at appeals and court hearings.
• Assistance with other immigration-related matters, such as family reunion.

For detailed information on Legal Aid, visit the GOV.UK Legal Aid page: Legal Aid Overview.

You may qualify for Legal Aid if:

1. You are seeking Asylum:
   • You must demonstrate that you are unable to return to your home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group (as per the 1951 Refugee Convention).
2. You are applying for Humanitarian Protection:
   • This applies if you are unable to return to your country due to a serious risk of harm, such as torture, inhumane treatment, or life-threatening situations (as per Article 3 of the European Convention on Human Rights (ECHR)).
3. You pass the Means Test:
   • Legal Aid is means-tested, which means your financial situation will be assessed. However, asylum seekers are generally treated as having low income due to their circumstances.
4. You pass the Merit Test:
   • Your case must have a reasonable chance of success. A solicitor will evaluate the merits of your claim.

More details can be found on GOV.UK Legal Aid Criteria: Eligibility for Legal Aid.

Legal Resurces

Legal Aid, Sentencing, and Punishment of Offenders Act 2012 (LASPO):

• This legislation governs the provision of Legal Aid in England and Wales. Asylum cases are specifically included under its scope.
• Relevant clause: Schedule 1, Part 1, Paragraph 30 of LASPO ensures that asylum-related legal services are covered.

Human Rights Act 1998:

• Asylum and Humanitarian Protection claims often involve the right to life (Article 2) and protection from torture or inhuman treatment (Article 3) under the ECHR, which is incorporated into UK law via the Human Rights Act 1998.

Immigration and Asylum Act 1999:

• Provides the framework for the asylum process in the UK, including support for destitute asylum seekers.

Reasonable Grounds for Legal Aid in Asylum and Humanitarian Protection Cases4.1. Grounds for Asylum:

• Persecution based on race, religion, nationality, political opinion, or membership in a particular social group (as outlined in the 1951 Refugee Convention).
• Evidence may include:
  • Threats or harm from government authorities.
  • Violence from non-state actors (e.g., militant groups) if the government cannot offer protection.

Grounds for Humanitarian Protection:

• Serious risk of harm due to:
  • Torture or inhuman treatment (Article 3, ECHR).
  • Widespread violence or armed conflict in the country of origin.

How to Apply for Legal Aid

1. Find a Legal Aid Solicitor:
   • Use the Find a Legal Aid Adviser tool: Find a Solicitor.
2. Provide Necessary Documents:
   • Evidence of your financial situation (if requested).
   • Any supporting documents for your asylum or humanitarian protection claim.
3. Attend an Initial Assessment:
   • A solicitor will evaluate your eligibility based on the means and merits tests.

What Happens If You Are Refused Legal Aid?

If your application for Legal Aid is denied, you can:

1. Request a Review:
   • Ask for a review of the decision.
2. Apply for Exceptional Case Funding (ECF):
   • If your case falls outside the standard Legal Aid rules but has significant human rights implications, you can apply for ECF.

For more information, visit Exceptional Case Funding: ECF Application Guide.

Additional Resources

• Asylum Support: Asylum Support on GOV.UK.
• Rights and Procedures for Asylum Seekers: Asylum Process Overview.
• Legal Rights for Immigrants: Immigration Rules.

By understanding your rights and the legal framework, you can effectively navigate the asylum or humanitarian protection process while securing the necessary legal assistance. If you need further clarification or help with your application, contact a Legal Aid solicitor or seek advice from recognized immigration charities like Refugee Action or the Refugee Council. If you do not qualify for Legal Aid you always can have a Private Solicitor.