New research note finds processes for claiming asylum is "very complex" and there are some concerns about the quality of advice available to vulnerable asylum seekers
The Legal Services Consumer Panel, which provides independent advice to the Legal Services Board about the interests of users of legal services, has published a research note on immigration and asylum legal services in the UK.
The Legal Services Consumer Panel says it decided to prioritise asylum advice and services as they consider this is where the highest vulnerability arises due to the circumstances of those individuals in need of assistance.
You can read the 22-page paper here.
The key findings of the research note are:
• There are relatively few asylum applicants each year (around 20,000 – falling to around 10,000 at appeal), but they can be characterised as extremely vulnerable;
• The processes for claiming asylum, seeking support and appealing decisions are very complex – the system has been described as a labyrinth;
• There are difficulties in accessing legal advice – it is difficult to find advisors and they may not have capacity to take on more cases, or they may not be able to provide the type of specialist advice required;
• There are further concerns that advice providers have recently been exiting the market;
• Due to the way legal aid is funded there are arguably perverse incentives for advisors to complete work quickly, take on only the most straightforward cases, and drop cases at the appeal stage if they are too complex – this risks inhibiting access to justice for those who need it most;
• There are some concerns about the quality of advice, yet good quality legal advice has been shown to make a difference to case outcomes;
• The asylum seeking group, while already vulnerable, contains a number of sub-groups who may be considered particularly at risk. This includes unaccompanied minors who may not understand the system, and women, who have been shown to be disproportionately affected by initial refusals which are later overturned upon appeal. The impact of high quality legal advice to these groups is particularly significant.