Legal Aid Immigration Cases 2023-11-21
2023-11-21
TAGS
Response quality
Questions & Answers
Q1
Partial Answer
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Context
The adequacy of legal aid for immigration cases has been brought into question.
What assessment his Department has made of the adequacy of legal aid for immigration cases?
Legal aid is available for asylum cases, for victims of domestic abuse and modern slavery, for separated migrant children, and for immigration cases where someone is challenging a detention decision. Through the Illegal Migration Act 2023, individuals who receive a removal notice under the Act will have access to free legal advice in relation to that notice.
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Assessment & feedback
Did not provide an assessment of adequacy
Response accuracy
Q2
Partial Answer
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Context
The Law Society has warned about the consequences of a proposed 15% increase in legal aid rates.
The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure sufficient immigration lawyers are available. Charities supporting refugees make 16 attempts on average before securing a lawyer, while in London charities only find representation for 4.1% of referrals. What steps is the Minister taking to prevent collapse in the legal aid sector?
The 15% was agreed after a six-week consultation looking at other increases for other specialist work. The Legal Aid Agency will always keep provision under review to ensure that cover is provided for those who need it.
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Assessment & feedback
Did not outline concrete steps or timeline
Response accuracy
Q3
Partial Answer
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Context
There are approximately 175,000 people trapped in the current asylum backlog.
Instead of the Government's Rwanda policy, would it not be better to allow asylum seekers to work and support themselves? Would allowing access to work also adequately resource the Home Office and legal aid system to meet international obligations?
The question about the Home Office is one the hon. Member may want to raise with Home Office Ministers themselves. On access to legal aid, I would not say that £2 billion of legal aid means this is under-resourced. This year alone, we have continued to increase levels of legal aid across the board, and specifically in specialist areas such as immigration.
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Assessment & feedback
Avoided discussing alternative policies and work access for asylum seekers
Redirecting Question
Response accuracy
Q4
Partial Answer
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Context
The Lord Chancellor faces a judicial review over the failure to ensure immigration legal aid availability.
Is this not an abject failure of the legal aid system? The south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm can carry almost 500. Is this moral bankruptcy or incompetence?
I do not accept that characterisation at all. This Government are putting legal aid in place to support those affected by the Illegal Migration Act and especially the uplift in fees to ensure that qualified legal advice is available, whether physically or through telephone advice.
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Assessment & feedback
Did not address specific failures or capacity issues
Denying The Characterisation
Response accuracy