High Court rules Government guidance in relation to the granting of legal aid for immigration cases is unlawful
Image credit: WikipediaThe Daily Telegraph reports today that the High Court has ruled that Government guidance in relation to the granting of legal aid for exceptional immigration cases is unlawful.
EIN members can read the judgment here.
The Government was appealing the June 2014 decision in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin) (available here for EIN members), which heard six claims concerning the the availability of legal aid in immigration cases under Section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
According to the Telegraph, in today's judgment, Lord Dyson, who heard the Government's appeal with Lord Justice Richards and Lord Justice Sullivan, upheld the June decision and found the exceptional legal aid guidance was "unlawful".
The Guardian reports that the Court ruled exceptional legal aid funding should be made available for those fighting deportation in difficult immigration cases.
Doughty Street Chambers has a useful news article on the case here and notes that the case has important consequences concerning exceptional case funding in the immigration and non-immigration context, as well as the procedural requirements of Article 8 ECHR in immigration cases.
BBC News reported that the Ministry of Justice said it would "carefully consider" its next steps following today's ruling.