Legal Aid — free lawyer

Legal Aid is a government programme for free legal help. If you can't afford a lawyer — the government will pay for one.

For asylum seekers this is automatic:

✓ Asylum cases — within scope of Legal Aid
✓ Means test — not required for asylum
✓ The lawyer applies on your behalf — you don't need to fill in anything yourself
✓ Covers all stages: from first consultation to appeal

What Legal Aid covers:

✓ First consultation and case assessment
✓ Preparing and submitting the asylum application
✓ Representation at the interview
✓ Appeal at First-tier Tribunal
✓ Appeal at Upper Tribunal
✓ Judicial Review
✓ Fresh claim (Further Submissions, Para 353) — submitting new evidence after ARE

You don't apply for Legal Aid yourself. You find a lawyer — and they arrange everything for you. Here's how it works:

Who manages it: Legal Aid Agency (LAA) — part of the Ministry of Justice. Law: LASPO Act 2012.

Who is eligible:

✓ Asylum seekers — automatically, without means test
✓ Humanitarian protection
✓ Victims of trafficking / modern slavery
✓ Victims of domestic violence
✓ Unaccompanied asylum-seeking children (UASC)
✓ Detention — urgent assistance
✓ Cases under Articles 2 and 3 ECHR (European Convention)

Means test:

If you receive Home Office support (Section 95/98 NASS) — you automatically pass the means test. For others: income no more than £2,657/month, savings no more than £3,000.

What Legal Aid does NOT cover:

✗ Regular immigration cases (work visas, family visas)
✗ Deportation cases — except where there is an asylum claim
✗ Immigration advice without an asylum claim

How to find a lawyer:

On GOV.UK there is a search for lawyers with Legal Aid contracts. Or use our directory — Legal Aid lawyers are marked.

Who manages it: Scottish Legal Aid Board (SLAB). Scotland has its own Legal Aid system — broader than in England. LASPO does not apply here.

Types of help:

Advice and Assistance — free consultation and help with documents
ABWOR (Assistance By Way of Representation) — representation at the tribunal
Civil Legal Aid — full representation in court and Judicial Review (Court of Session)

For asylum seekers:

✓ Asylum and immigration cases are covered by Legal Aid
✓ Those receiving asylum support — automatically pass the means test
✓ You don't need to be a UK citizen — Legal Aid is available to everyone
✓ Available even with No Recourse to Public Funds (NRPF)
✓ The lawyer applies through SLAB

Organisations that can help:

• Scottish Refugee Council — help finding a lawyer
• Positive Action in Housing — housing and legal help
• Legal Services Agency (Glasgow) — free lawyers

Who manages it: Legal Services Agency Northern Ireland (LSANI) — part of the Department of Justice NI. LASPO does not apply here — separate legislation.

For asylum seekers:

✓ Asylum and immigration cases are covered by Legal Aid
✓ Means test — based on the last 7 days before application
✓ Those receiving NASS support — usually pass (Home Office confirmed destitution)
✓ Covers First-tier Tribunal, Upper Tribunal, Judicial Review
✓ Victims of trafficking / modern slavery — covered

How to get it:

Find a solicitor in Northern Ireland who does immigration/asylum Legal Aid. The lawyer will submit the application to LSANI.

Organisations:

• Law Centre NI — free legal consultations, tel: (028) 9024 4401
• Bryson Intercultural — refugee assistance
• STEP NI — asylum seeker support

LSANI contact: tel. 028 9040 8888, email: [email protected]

A refusal is not the end. There are several options:

• ASAP (Asylum Support Appeals Project) — help with appeals
• Refugee Legal Centre — free lawyers
• Refugee Action — help finding a lawyer
• Asylum Aid — legal help for asylum seekers
• Migrants' Law Project — pro bono lawyers
• Immigration Law Practitioners' Association (ILPA) — referrals to lawyers

Pro bono lawyers: Some solicitors and barristers work for free (pro bono) for those refused Legal Aid. Ask the organisations above.