Tag Archives: refugees and migrants

“If I hadn’t had legal aid I would be dead now”

This morning we went to meet Lord McNally, Minister of State for Justice, with two women who have received legal aid. We wanted the Minister to hear from people who have received legal aid directly what it means to them. As we were waiting to enter the Ministry of Justice we spotted Chris Grayling, so we hand delivered the clients’ letters to him too.

Letter to Mr Grayling
Delivering Laila and Grace’s letters to Grayling

Laila’s story – fighting to be safe from persecution

Laila's letter to the Ministers
Laila’s letter to the Ministers

“I came to this country from Somalia to seek protection. When I made my asylum claim I was put in detention and my case was processed in the Fast Track system. Everything happened so quickly: after just two weeks my case had been refused. The Home Office did not even allow me time to get any evidence to support my case. I did not speak any English then and I did not really understand what was happening. Later I found a legal aid lawyer who helped me to make a fresh asylum claim. My lawyer helped me to get a medical report which was evidence of the scars and the Post Traumatic Stress Disorder that I have because of the rape and torture I suffered in Somalia. At first the Home Office refused to look at my new evidence and I had to start a judicial review case against them. Eventually the Home Office accepted that I had made a valid fresh asylum claim, and eventually I was recognised as a Refugee. Without legal aid I think I would be dead because I would have been sent back to Somalia.”

Grace’s story – protection from domestic violence

“I first came to this country with my ex husband. He is a very violent man. He abused and beat me and our children terribly in my country and in the United Kingdom. While I was seeking asylum in this country I had to apply for a non-molestation order against him. Everyday I lived in fear of him. My heart was pounding in my hand. I went to the police but they could not protect me. My legal aid lawyer advised me I could apply for a non molestation order from the court. We made the application and the Judge granted the order.

If it hadn’t been for the help I got through legal aid I would have committed suicide.  I was so unwell and scared then that I did not know my left from my right. I was so in fear of the violence of this man that I was thinking of killing myself. Legal aid saved mine and my childrens’ life”.

What the legal aid changes would mean for Laila and Grace

The government’s proposals to introduce a residence test for civil legal aid would mean that an asylum seeker like Laila whose case had initially been refused would not be able to receive legal aid to make a second (‘fresh’) asylum claim. We believe that this will mean that thousands of people will be at risk of being returned to countries where they risk being raped, tortured or killed.

The government’s proposals also mean that someone who has been recognised as a Refugee will not be able to receive legal aid until 12 months after they were granted status. This means that if Grace had had to apply for a non molestation order in the first year after she was recognised as a Refugee – rather than while her asyum claim was ongoing – she would not be able to get any legal aid.

The right to asylum and the need for legal aid

The government consultation recognises that asylum seekers are among the most vulnerable people in society, and says that is why legal aid will still be available for people seeking asylum for the first time. But we can see no justification for cutting legal aid from people making fresh asylum applications. Often such applications are made after there have been changes in the conditions in the asylum seeker’s home country, or after there has been a change in law, or when someone gets new evidence which supports their case. In 2010 for example, the House of Lords decided that it was wrong to expect someone seeking asylum on the grounds of their sexuality to have to go back to their country and simply be ‘discrete’. This landmark judgement meant that many people made successful fresh asylum claims.

We also don’t see how the government’s decision to exclude Refugees from receiving legal aid until they have had status for at least 12 months can be justified. The government says that legal aid should only be available for people who have a ‘strong connection’ to the UK, which it has defined as 12 months lawful residence. But if an exception is made for people seeking asylum, why should the clock be set back to day one when an asylum seeker is actually recognized as a Refugee?

Lord McNally’s reaction to Grace and Laila’s stories

At our meeting today, Lord McNally said it had been “extremely helpful” to hear Laila and Grace’s personal testimony. He accepted that problems such as needing a non molestation order against a violent ex partner require urgent solutions, and that a Refugee in this situation simply cannot wait for 12 months until they would meet the residence test. He stressed that both areas are still under discussion and that he wants to make savings to the legal aid budget without impacting on the most vulnerable. We found his response encouraging, and we hope it signals a change in the government’s thinking  on legal aid changes in relation to the residence test and its application to asylum seekers.

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The ‘Residence Test’: it’s not just about migrants

Under the government’s plans to ‘transform’ legal aid, those who do not meet a ‘residence test’ will be unable to get help from a legal aid lawyer for non-criminal matters, unless they have an ongoing asylum claim or unless there are ‘exceptional circumstances’. This will of course affect many vulnerable migrants to the UK, including victims of traffickingchildren and those in immigration detention.

But the residence test has the potential to affect everyone who can’t afford to pay for a lawyer, not just migrants. If the proposals are implemented, all potential legal aid clients – including British citizens – will need to show evidence that they meet the residence test to any legal aid lawyer they wish to instruct. If you have proof you’re here legally – a valid British passport, for example – and evidence that you’ve spent at least a year here lawfully, all well and good. But what if you don’t have these things available, and need urgent help? How would you prove your eligibility then?

Victims of Domestic Violence

A British victim of domestic violence finally has the courage to leave an abusive partner, and flees to a refuge or to stay with a friend with just a few belongings, for example. The victim approaches a family lawyer the following morning, in need of an urgent application to the court to ensure the violent ex-partner stays away.

But, without a passport (or other proof the victim is lawfully in the UK) and documentary evidence of a year’s lawful residence, victims of domestic violence won’t be entitled to legal aid for this under the current proposals, no matter how severe the violence. How many victims are able to flee with evidence they meet the residence test ready to present to a legal aid lawyer when needed? How many victims – including British citizens and those legally here – will be forced to stay in violent relationships because of this? And what’s to prevent perpetrators of violence destroying or hiding such documents, knowing the victim won’t be able to access urgently needed help without them?

Care proceedings and abduction

The residence test also has massive implications for parents involved in care or adoption proceedings against a local authority. Parents and children who can’t prove they meet the residence test won’t be eligible for legal aid for this, meaning many will be unrepresented in court.

And imagine you return home to find your partner has left with your children and your passport, and is planning to leave the country with them. Under the current proposals there will be no legal aid for you to apply to prevent this in the family courts, until and unless you’re able to prove you meet the residence test. How would you prove this without official documents? How long would it take? And what would happen to your children in the meantime?

The proposals will also mean no legal aid for contact and residence disputes where there is domestic violence, unless you meet the residence test.

Representation of children

One final important impact of the residence test: in family and care proceedings, children will often have their own separate solicitors, instructed through a guardian to ensure that the court does what is best for them. The residence test would mean that many children without proof they meet it will not be entitled to a legal aid lawyer to represent their interests in court. How many children with ongoing care or adoption proceedings will be able to prove they meet the residence test?

Reducing the legal aid budget? 

The residence test will of course have a huge impact on migrants, but potentially affects all of us, and our friends and families too. It will prevent many British citizens’ ability to seek help from a lawyer when they most desperately need one. The government repeats the need to reduce the legal aid budget as justification for its proposals, but has so far been unable to say how much it thinks the residence test will save. Indeed, Dr Nick Armstrong of Matrix Chambers estimates that the residence test is likely to cost the government more money than it saves, because of the costs associated with determining whether a person meets the residence test or not, and additional likely expense of immigration detention, among other costs.

Act now!

Let’s stop these proposals! Contact your MP about this as soon as you can. This affects us all!

The impact of legal aid changes on migrants and refugees

The ‘residence test’: what it means for refugees and migrants

The government’s plans to introduce a ‘residence test’  (please see our flyer which you can download on the right for an explanation) will mean that many migrants and refugees will be denied legal aid. As a result:

  • people may be sent back to countries where they face a risk of persecution;
  • people may be detained in immigration detention centres indefinitely – in many cases for months or years – without having legal aid to help them apply to be released;
  • people who have been trafficked to the UK to be exploited will not be able to have legal aid to help them enforce their rights;
  • people may not be able to challenge the Home Office delay in dealing with the case, even though they have been waiting years and years for a decision.

Reactions to the ‘residence test’

Leading lawyers have said that they believe the residence test would be unlawful, because it “denies practical and effective access to justice to what are essentially a group of ‘foreigners’”, even though their case has merit and they cannot afford to pay for a lawyer privately. The residence test has also been attacked as being unworkable, because people will have to prove that they have been in the UK lawfully for at least 12 months, which many will not be able to do because they don’t have the right paperwork, and because what counts as ‘lawful residence’ is something very complex.

Leafleting at Refugee Week 

Today we handed out some 400 flyers on the Southbank in London, at the launch of Refugee Week. This is an annual event which takes place across the UK aimed at celebrating the contribution that refugees make to the UK and promoting a better understanding of why people seek asylum. The people we spoke to were generally very interested in the campaign and we hope they will go home and sign the e petition. Refugee Week runs until 23rd June with a full programme of arts, cultural and educational events. We have sent our special ‘Refugee Week’ flyer to event organisers across the country, but would encourage anyone going to an event to download some and take them with you!