Legal Aid: Immigration Cases

Legal aid is available for asylum cases, for victims of domestic abuse and modern slavery, for separated migrant children, and for immigration cases where someone is challenging a detention decision. Through the Illegal Migration Act 2023, individuals who receive a removal notice under the Act will have access to free legal advice in relation to that notice.

The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure that sufficient immigration lawyers are available to deal with deportations to Rwanda. Charities supporting refugees make 16 attempts on average before securing a lawyer, while in London, charities are only successfully finding legal representation for 4.1% of referrals. What steps is the Minister taking to ensure that the legal aid sector does not collapse in England and Wales due to the poor decisions made by his colleagues?

The 15% was agreed after a six-week consultation looking at other increases for other specialist work. The Legal Aid Agency will always keep provision under review to ensure that cover is provided for those who need it.

There are approximately 175,000 people trapped in the current asylum backlog, many of them living in hotels with no right to support themselves or their families through work. Instead of unlawful and pointless dog-whistling gestures such as the Government’s Rwanda policy, would it not be better to allow people the opportunity to work and support themselves, and to allow the Home Office and the legal aid system to be resourced adequately so that we can deal with our international obligations exactly as we ought to?

The question about the Home Office is one the hon. Member may want to raise with Home Office Ministers themselves. On access to legal aid, I would not say that £2 billion of legal aid means this is under-resourced. This year alone, we have continued to increase levels of legal aid across the board, and specifically in specialist areas such as immigration, so I reject the notion that it is underfunded.

I call the SNP spokesperson.

The Lord Chancellor is currently facing a judicial review over the failure to ensure that immigration legal aid is available to those who need it. For example, the south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm has capacity for almost 500. Is this not an abject failure of the legal aid system? It is operating exactly how the Government have designed it to: abandoning the most vulnerable to navigate a complex and hostile environment without any recourse to legal representation. Is this moral bankruptcy or incompetence, or is it a combination of both?

I do not accept that characterisation at all. In fact, this Government are putting legal aid in place to support those affected by the Illegal Migration Act and especially the uplift in fees to ensure that qualified legal advice is available to people, whether physically or through telephone advice. Access to justice, and access to legal aid, is there.