Evidence submitted by the Greater London
Authority
INTRODUCTION
The Mayor of London, Ken Livingstone, is shortly
to publish a research report, Into the labyrinth: legal advice
for asylum seekers in London. The purpose of this submission
is to highlight the findings of the report that might be relevant
to the Constitutional Affairs Committee's enquiry into legal aid
for asylum appeals.
ASYLUM AND
THE ROLE
OF THE
MAYOR
London is a city built on the arrival of immigrants
including people seeking asylum from persecution. The Mayor recognises
that policy on immigration including the arrival of asylum seekers
connects directly with his statutory responsibility to promote
social and economic development, equalities, health and community
safety for Londoners. He has made clear his view that the proper
discharge of his statutory duties requires him to contribute to
the formation of immigration and asylum policy.
INTO THE
LABYRINTH—KEY
FINDINGS
The key findings of this qualitative study are
summarised in the executive summary which is attached together
with the report's recommendations at appendix A (not printed).[37]
The particular relevance of the report to the
Committee's current enquiry is its findings on the existing financial
risk placed on legally aided practitioners as a result of the
legal aid reforms introduced in April 2004. The reforms introduced
a package of additional advice thresholds or challenges through
which most Legal Services Commission (LSC) funded solicitors and
advisers have to pass—at any stage beyond preliminary legal
help—if they want legal aid for work with asylum seekers:
— seeking extension of LSC funding
after providing an initial five hours advice;
— seeking LSC funding for an appeal.
A further challenge is posed by the need for
all LSC funded practitioners to pass exams and achieve accreditation
by 1 April 2005.
At each of the thresholds the legal adviser
has to invest some resources before they know whether they will
receive any public funding. The resources will usually comprise
staff time but, as with training for accreditation, may also be
financial. The effect is that providing asylum advice and representation
becomes decisively more risky.
Inconsistent decision-making by the LSC on applications
for funding extensions is a further reason why asylum seekers
may not be able to access the legal advice that they need.
As the report suggests, the legal aid reforms
have contributed to a situation where:
— asylum seekers can find themselves
abandoned by their legal representative the further their case
progresses through the asylum process and are unable to access
competent legal advice and representation, irrespective of the
merits of their claim;
— the inability to access competent
legal advice can result in asylum seekers being wrongly refused
asylum and facing destitution or return to countries where they
are at risk of persecution.
Evidence of the above is elaborated in:
— Chapter 3, page 34 under the heading
"Resources or risk? Effect of the 2004 reforms"
— Chapter 4, page 42 under the heading
"Resources"
— Chapter 5, page 56 under the heading
"The impact of the legal aid reforms"
— Chapter 6, page 66 from the heading
"Finding a legal adviser at the appeals stages" through
to "Representation at appeal", and at page 70 "The
Immigration Appeals Tribunal: second stage appeal"
— Chapter 7 under the headings "Impact
of the legal aid reforms" at pages 76, 77, 79 and 81.
The relevant sections are attached at appendix
B (not printed). [38]
CONCLUSION
The findings of Into the Labyrinth indicate
that the existing financial risk upon practitioners means that
some asylum seekers are unable to access the advice that they
need and as a result their claims are wrongly refused. Any further
risks, such as those proposed by the Department for Constitutional
Affairs for onward appeals from the new Asylum and Immigration
Appeals Tribunal, are likely to exacerbate this problem, leaving
vulnerable asylum seekers facing destitution or return to countries
where they are at risk.
Ken Livingstone
Mayor of London
Frances Smith
Policy Support Unit
Greater London Authority
3 March 2005
37 Mayor of London, Into the labyrinth: legal advice
for asylum seekers in London, Greater London Authority, March
2005 Back
38
ibid Back
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