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Fairness and the right to legal aid in asylum and asylum related cases / Emma, Borland

International Journal of Migration and Border Studies, Volume: 2, Issue: 3, Start page: 245

Swansea University Author: Emma, Borland

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Abstract

There is growing evidence that incremental restrictions on the provision of civil legal aid for immigration and asylum matters in the UK, over the past decade, has culminated in an unfair system that denies a number of asylum seekers and refugees effective and fair access to justice. In particular,...

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Published in: International Journal of Migration and Border Studies
ISSN: 1755-2419 1755-2427
Published: 2016
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URI: https://cronfa.swan.ac.uk/Record/cronfa40705
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Abstract: There is growing evidence that incremental restrictions on the provision of civil legal aid for immigration and asylum matters in the UK, over the past decade, has culminated in an unfair system that denies a number of asylum seekers and refugees effective and fair access to justice. In particular, the barrier to access to justice created by the removal of legal aid for refugee family reunion cases is highlighted. This paper explores the extent to which procedural protections under the European Convention on Human Rights, namely, Articles 6 and 8, and under EU law, require the provision of legal aid in asylum and refugee cases.
Keywords: procedural fairness; access to justice; legal representation; asylum seekers; refugees; family reunion; Article 8; Article 6; European Convention on Human Rights; ECHR; LASPO; Legal Aid Sentencing and Punishment of Offenders Act 2012; exceptional case funding; ECF; United Kingdom; UK; right to legal aid
College: Hillary Rodham Clinton School of Law
Issue: 3
Start Page: 245