§ 33. Mr. Neil Gerrard (Walthamstow)What provision his Department is making for asylum appellants who have no means to pay fees for legal representation at the hearing of their appeals against refusal of refugee status. [37647]
§ The Parliamentary Secretary, Lord Chancellor's Department (Mr. Geoffrey Hoon)Legal aid is not available for representation before the immigration appeal tribunal. Asylum seekers can receive legal advice and assistance under the green form scheme, including help in preparation for the hearing and the attendance at the hearing of a Mackenzie adviser. The Home Office funds the Immigration Advisory Service and the Refugee Legal Centre, which provide advice to asylum seekers and, in some cases, representation at hearings.
§ Mr. GerrardDoes my hon. Friend agree that good-quality legal representation at appeals is in everyone's best interest? As the Home Office has not been able to renew spend-to-save funding for the Immigration Advisory Service and the Refugee Legal Centre, is there not a danger that fewer asylum seekers will be represented properly and that more will end up in the clutches of unqualified so-called advisers? Will he keep the situation under review and consider the case for legal aid to ensure that people are properly represented in such appeals?
§ Mr. HoonThe Government share my hon. Friend's concerns. That is why the whole system is being reviewed. The first step will be to resolve the inconsistencies in approach at different stages in the appeals process which appear to allow the unscrupulous to exploit the system and create backlogs that leave genuine asylum seekers facing long periods of uncertainty. Once we have an improved process, we can consider the best way to provide legal help to asylum seekers while promoting the effective operation of the system overall.