Justice Secretary to boost legal aid funding to attract more firms and lawyers for asylum cases
The Times reported in an exclusive article last night that the Government is set to announce a major increase in legal aid funding this week to help clear a large backlog of asylum appeals. Millions in extra funding will be made available in an effort to increase the number of firms and lawyers willing to take on asylum cases.
Image credit: UK GovernmentAccording to The Times, the serious shortage of legal representation has caused appeals to take an average of 46 weeks, leaving tens of thousands of asylum seekers in limbo. By September, nearly 63,000 cases were awaiting resolution in the First-tier Tribunal (Immigration and Asylum Chamber), more than double the figure from the previous year.
Currently, there are sufficient lawyers to represent only around half of asylum claimants, resulting in numerous cases being postponed or individuals opting to represent themselves. This often significantly extends the duration of hearings, with self-represented cases taking up to six times longer than those with legal representatives.
A Government source told The Times: "We will increase money for legal aid above and beyond inflation to address the fact that it hasn't kept up for years." Fees for immigration and asylum work have stagnated since 1996, effectively reducing their value by almost half. Lawyers currently receive a fixed £413 for initial claims and £52 an hour during appeals, rates which have dissuaded many from taking on these cases.
According to The Times, the growing backlog of appeals has raised concerns within the Home Office and Downing Street, particularly in light of Labour's election commitment to phase out the use of hotels for housing asylum seekers. A Home Office source indicated that it could take up to a year before the total number of hotels in use begins to decline.
"The appeals are taking longer to be heard, which is a challenge to moving people out of the asylum system either on returns or out of accommodation," a Home Office source was quoted as saying.
Garden Court barrister Colin Yeo also spoke to The Times, explaining: "Legal aid cuts mean there aren't nearly enough lawyers to take on all the cases being decided by the Home Office now. … It's not an easy problem to solve because the advice sector is massively degraded compared to before 2010."